The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

THE weeklong “sick out” by court stenographers over pay, promotions and mould issues at the Magistrate’s Court resulted in Rodney Moncur’s “grossly indecent” picture posting case being adjourned from yesterday to January next year.

And when the activist asked Magistrate Constance Delancey if the court was prepared to proceed with the matter without a stenographer, the magistrate said she was not.

“This is a preliminary inquiry. Which means that accuracy of the evidence is vital,” the magistrate said.

“The stenographers, they have been striking for a long time,” Mr Moncur said, placing emphasis on the word “long.”

“Mr Moncur, I am not prepared to sit and write long hand in a preliminary inquiry that is halfway heard, in which I’ve had the services in this court of the competent court reporter.”

“This is a very serious matter, I’m sure you appreciate that and accuracy is something that cannot and will not be compromised by this court.”

Mr Moncur, who was arraigned on April 4, faces a single charge of committing a grossly indecent act. It is claimed that between March 1 and March 29, he “intentionally and unlawfully” published a photograph of Jamie Smith, who is dead.

Mr Moncur opted to be tried by a jury in the Supreme Court rather than a Magistrate, and was granted $7,500 bail, which he posted the following day.

He was initially told that a Voluntary Bill of Indictment would be served on him on May 10 to fast-track the case to the Supreme Court for trial.

However, during his return appearance before then-Deputy Chief Magistrate Carolita Bethell, he was told that the Attorney General’s Office decided to have a preliminary inquiry in Magistrate’s Court No 2 before Magistrate Constance Delancey.

Corporal Olsen,who sat in on Moncur’s March 30 record of the interview with Inspector Mark Barrett, testified on what he witnessed during the 8:35am interview when Moncur was questioned under caution.

The High-Tech Crime Unit officer claimed that Moncur admitted to posting indecent images on Facebook, but denied breaking into the Rand morgue at Princess Margaret Hospital.

He added that Moncur declined to give a written statement and did not wish to read over the record of the interview.

Moncur asked the officer if an alibi was offered during the interview, to which the officer said: “You said something like you would not divulge your sources.”

The civil rights activist then suggested to the witness that he told both officers to contact Health Minister Dr Perry Gomez for his alibi.

Officer Noel agreed with the suggestion, but when asked if he had verified the alibi, the officer said: “It’s not my duty.”

He also admitted that his report did not reflect that an alibi had been offered.

The inquiry was adjourned on a number of occasions because of three non-appearances by Inspector Barrett. Barrett appeared to testify yesterday. However, because of the absence of a stenographer, his testimony could not be taken.

The case was adjourned to January 24, 2014, much to the displeasure of Mr Moncur.