The Tribune

By LEANDRA ROLLE

Tribune Staff Reporter

lrolle@tribunemedia.net

A SUPREME Court judge dismissed Adrian Gibson’s application to stay his corruption trial yesterday, ruling his constitutional rights have not been infringed and that he can have a fair trial even if the Crown’s key witness gives testimony virtually.

Justice Cheryl Grant-Thompson said the MP’s application is “misconceived and premature”.

“The application borders dangerously close to an abuse of the court’s process,” she added.

Her comments came after Gibson’s lawyer, Murrio Ducille, KC, filed a constitutional motion alleging Gibson’s ability to prepare his defence adequately has been prejudiced due to a lack of disclosure by the Crown.

Mr Ducille also argued that his client’s right to a fair trial would be breached if Alexandria Mackey, the Crown’s key witness, gave testimony virtually.

 He said her physical presence in court is vital since numerous exhibits pertain to her.

 At the start of yesterday’s proceedings, Acting Director of Public Prosecutions Cordell Frazier told the court she arranged to have Mrs Mackey testify in person if needed, which she reiterated after Justice Grant-Thompson delivered her ruling.

 Mrs Mackey claimed Mr Gibson had abused her. According to an affidavit, she indicated the quality of her testimony would be impaired if she testified in person because of Gibson’s presence.

 Mrs Mackey, who no longer lives in The Bahamas, also said it would cause her “hardship” to return to the country because her application for permanent residency in the United States is pending.

 In her ruling, Justice Grant-Thompson said there was no reason virtual testimony could not be allowed once the necessary facilities and resources were available.

 She also found Mr Gibson’s claim of being unable to have a fair hearing due to the Crown’s application for virtual testimony “premature” since she had not ruled on the matter until yesterday morning.

 “The applicant never filed an affidavit in opposition of the video link application. Rather, the applicant invoked the constitution. Constitutional relief is a remedy of last resort. It should only be invoked where there is no other adequate remedy available. Notwithstanding that in the instant case, the applicant proceeded with an oral response to the application for live video link. The applicant did not await the court’s ruling before asserting that his rights have been infringed under the constitution,” she said.

 “The respondents contend that the applicants’ request for the witness’ presence in court being vital to his case is unfounded. The video conferencing permits for the witness to be seen in real time and the jury will be able to assess her demeanour as well as she will be able to be  examined and cross-examined by counsel. Due to the technological advances in the court room, the screen can be split in two which would allow the witness to be fully seen on one side and the documents used in evidence.”

 Regarding disclosure, Justice Grant-Thompson said the Crown’s obligation to make full and proper disclosure does not include details of “every twist and turn” of an investigation.

 “The court is of the view that these accused persons can be given a fair trial in this matter without being deprived of their constitutional rights or prejudiced in anyway. The defence is not entitled to the unused materials of the prosecution where they cannot properly assert why they need it or why not having it would result in prejudice to their client. They have not proved so here. The defence must in fact establish why the material they seek might be useful to them.”

Justice Grant-Thompson said all of Mr Gibson’s issues could have been addressed in other ways.

She also asked defence counsel if they objected to her empaneling the jury on Thursday. Mr Ducille indeed objected to this, saying he would appeal her ruling.

He also said he would request a stay of proceedings until the Court of Appeal hears the matter.

Mr Gibson is facing corruption charges in connection with his tenure as executive chairman of the Water and Sewerage Corporation.

The FNM politician is charged with WSC’s former general manager, Elwood Donaldson Jr; his cousin, Rashae Gibson; Joan Knowles; Peaches Farquharson; and Jerome Missick.

Together, the group face a combined 98 charges, including conspiracy to commit bribery, bribery, fraud, receiving and money laundering.