DPP accused of disobeying court order
BASSETERRE, St. Kitts – THE six suspects, charged for allegedly being involved in the November 14, 2010 armed robbery of 16 tourists who were on their way to visit the Brimstone Hill Fortress National Park, were yesterday afternoon (May 5) released from Her Majesty’s Prison following the Director of Public Prosecutions’ (DPP) flaunting of a court order.
The six accused men are Elroy ‘Stanny’ Williams, Devon ‘X-Man’ Hodge, Grenville ‘Rogie’ Rogers and Junior ‘Cue’ Sobratie, all of Sandy Point, as well as George ‘Naddy Welsh of Fig Tree and Delvin ‘Stoby’ Francis of St. Paul’s Village.
Attorney-at-Law Hesketh Benjamin, who is representing four of the defendants, told this publication that DPP Paulina Hendrickson had disobeyed the court’s order by failing to present the disclosure to the defence counsel; an order to which she had agreed.
According to Webster’s New World Law Dictionary, disclosure is defined as “The release of information about a person or entity. Of a corporation, the filing of documents and statements required by law; in litigation, the release of documents and other information subpoenaed or otherwise sought by the other side”.
Explaining what transpired in the court yesterday, Benjamin said the issue of disclosure arose at the second calling of the preliminary hearing.
He said the hearing began at the District ‘A’ Magistrate’s Court but one of the accused objected to “the senior magistrate of the Federation presiding over the matter and she recused herself. She then asked the District ‘B’ magistrate to take up the matter, and she dealt with it in a rather exceptional and professional manner”.
“She gave a timetable to all concerned, including the DPP’s representative, the accused persons, the police officer who was in charge of the court and counsels of the accused persons,” Benjamin said.
Benjamin stated that bail applications were made for his clients but the magistrate indicated she was not in a position to grant them at the time because of the seriousness of the matter. He noted that the magistrate made reference to one of his clients, Sobratie, who is alleged to have been counselled, procured and commanded by Welsh, Francis and Williams to rob the tourists.
He explained that the magistrate ordered that the preliminary hearing be continued at the Basseterre Magistrate’s Court where it was more convenient to deal with the matter, and that “disclosure must be given to counsel within a certain period from that day”.
Benjamin stated that the DPP argued that the prosecution team was not inclined to disclose the statements because they were very delicate and intricate, and that witnesses were afraid for their safety. Also, the prosecution team felt that the accused persons would use their agents to intimidate the witnesses.
“The learned magistrate told the DPP that it was not a question of their choice but a question of law that counsel for the defence must have the disclosure; it is a constitutional matter, it is a common law matter and the Privy Council had said it. And even if they did not say it, both sides must have a level playing field…you cannot be better prepared than the defence. So, you have to give the counsel the disclosure,” Benjamin said.
He further said, “She also told the DPP that if she said some of the statements are very delicate and you do not want them to be disclosed too soon, let the counsel have those which are not controversial; and those which you feel you would like to withhold a little longer, when we meet the next time I will look at them to decide at the end of the day what we will do with them.”
Benjamin stated that the DPP assured the magistrate that she would abide with the order, but she was not present in court yesterday and had sent a “junior Crown Counsel to ask for an adjournment”.
He pointed out that after listening to the Crown Counsel, the magistrate asked if the defence had anything to say.
“I got up and said, ‘I don’t believe I am hearing what I am hearing…I don’t believe so! Having regard to these accused persons being apprehended for six months or more, and having had the detailed procedural back and forth with this matter…first to this magistrate’s court then to your court in Sandy Point and back here again, I don’t believe I am hearing right. Firstly, My Lady, it is a total disobedience to this court…total disobedience of a court order. It is bad enough when an ordinary citizen disobeys this court, but it is worse when disobeyed by a senior officer of the law. If we down here want to make gimmicks among ourselves when you give an order, it’s bad enough. But when the DPP is disrespecting your order and to send a junior Crown Counsel without any substance whatsoever, any reasonable substance for this…last minute, I believe it is just a bait being thrown out to this court, and it is clearly disrespectful. My lady, I am afraid that I cannot, in not an iota, assist the Crown Counsel in this regard,’” Benjamin explained.
He also explained that the magistrate told the Crown Counsel that she was not present when the order was given “so don’t say that you did not understand that the disclosure was to be made today”.
Benjamin stated that the Crown Counsel said, “My Lady, if it is today, I undertake to give them sometime today”.
“So,” Benjamin explained, “I said to the magistrate, ‘My Lady, when you gave the order in this court in the presence of the DPP, you said that when you return to this bench we must have already had the disclosure. Now this Crown Counsel coming to tell you she will undertake to give us sometime today? Okay, if the master cannot comply with the orders of this court, can a junior give you undertaking when the DPP who is in charge of the constitution disobeys you? Can a subordinate of hers assure you?’”
He stated that the magistrate commented on the matter and noted that even though the DPP was not present, she did not leave anyone with any reasonable presentation to deliver to her. “Not even a senior police officer to enter the box to say the reason why we were in that position today,” Benjamin added.
The defence counsel also stated that the magistrate told both parties they would have to return by the end of this month for conclusion of the preliminary hearing, but she would not further remand the defendants.
“The learned magistrate said, ‘I will not be remanding these persons today. I am giving you all a further month for disclosure, but I will not be remanding them today. And when we come at the end of May and there is no disclosure, we will see what will happen from there; but today I will not be remanding them to Her Majesty’s Prison.’”
Benjamin concluded by disclosing to SKNVibes that he had applied to the DPP for the disclosure on Wednesday, February 23, 2011, and since then he had not receive any response.
“Justice is not only for them who prosecute, justice is for the other side too,” he added.
SKNVibes learnt that police had rearrested George ‘Naddy Welsh shortly after he left the Basseterre Magistrate’s Court. It is rumoured that police were in Sandy Point last evening searching for the other five defendants. However, when contacted, Police Press and Public Relations Officer, Inspector Vaughan Henderson, said he was unaware of such developments.
On Sunday, November 14, 2010, while 17 cruise ship tourists (including a baby) were aboard a coaster tour bus on their way to visit the Brimstone Hill Fortress National Park, a large branch from a tree was placed across the access road in the vicinity of Lime Kiln to impede the smooth flow of traffic.
The driver exited the tour bus to remove the branch, but while doing so two armed, masked men approached him and he ran from that area to a nearby gas station, from where he notified the police of the incident.
While he was away from the scene, the gunmen robbed the tourists of an undisclosed sum of money, cellular phones, jewellery and other personal items.
Since then, the police had arrested and preferred charges of armed robbery against Williams, Lewis, Hodge, Rogers and Sobratie. Welsh and Francis were also charged, but with aiding and abetting.
