The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

THE ordered re-hearing of a bail application for the wife of murdered millionaire podiatrist Phillip Vasyli did not proceed in Supreme Court yesterday as she was taken to hospital feeling unwell.

Donna Vasyli, 54, was absent from the proceedings before Senior Justice Stephen Isaacs as she was reportedly transported to Doctor's Hospital.?

Earlier in the week, Vasyli and her lawyers - Elliot Lockhart, QC and Murrio Ducille - appeared before the Court of Appeal to contest Senior Justice Isaacs' decision to deny her bail on April 2 ahead of trial concerning the March 24 fatal stabbing of her husband at their Old Fort Bay home.

Vasyli was denied bail when initially arraigned on March 30 by Chief Magistrate Joyann Ferguson-Pratt, who did not have the jurisdiction to consider a bond.

Her lawyers, though, were able to get a bail hearing in the Supreme Court before the Easter holiday.

Senior Justice Isaacs noted the unusual speed in which the bail application appeared in the Supreme Court. However, he said that there had been no unreasonable delay in the case nine days after the alleged murder and noted that Vasyli had not sufficiently satisfied the court that she should be granted bail.

Mr Ducille, who had argued that his client was a fit candidate for bail, was told that he could appeal the ruling to the appellate court.?

Appellate court judges remitted the matter to the judge after ruling that he did not explicitly give his reasons for denying bail and had not considered conditions that may have alleviated concerns that she would abscond if released on a bond.?

When the matter was called yesterday following the arrival of a stenographer to document the proceedings, Mr Ducille told the judge that they had filed and served a supplemental affidavit on April 22.?

Crown respondent Neil Braithwaite acknowledged receipt of the document but said that "it raises certain issues which requires a response". He added?, "In those circumstances, we are seeking an adjournment in this matter."

Mr Ducille responded: "In as much as I'm of the view that my learned friend had ample time, I will yield to his application save and except that I will not agree with the matter being heard on Thursday. He has all weekend so if we could do it on Monday or possibly Tuesday?"

The prosecutor replied that the affidavit exhibits a letter from a medical doctor that required probing before an appropriate response could be made.?

"For the record," Senior Justice Isaacs said, "I am in receipt of a letter from the medical department that Donna Vasyli is unable to attend court for medical reasons. So I take it as a given this is why she's not here," adding that the letter mentioned that his client "signed refusal of treatment."?

Mr Ducille said he had not received a letter indicating the same and did not wish to give characterisation to the document.

The hearing was adjourned to April 30 at 2pm.