The Tribune

By LEANDRA ROLLE

Tribune Staff Reporter

lrolle@tribunemedia.net

THE Court of Appeal ordered Adrian Gibson’s corruption trial to proceed yesterday after rejecting his appeal application against Justice Cheryl Grant-Thompson’s ruling.

Appellate Justices Jon Isaacs, Stella Crane-Scott and Milton Evans lifted a temporary stay of the trial after deciding that Gibson and his co-accused’s ground of appeal on the ruling did not have merit.

His attorney, Murrio Ducille, KC, initially sought to rely on six grounds of appeal, some of which pertained to Justice Grant-Thompson’s decision to allow the Crown’s key witness - Alexandria Mackey - to testify virtually.

But he abandoned the first three grounds after it was revealed Mrs Mackey would return to The Bahamas to give in-person testimony.

He also abandoned his clients’ fourth ground of appeal, which stated the judge erred in law when she said the prosecution was under no obligation to make any and all disclosures to the defence team.

Regarding the fifth ground, Mr Ducille submitted that the judge erred when she permitted the prosecution to serve documents they intended to rely on for trial during and after the pre-trial review hearing despite counsel’s objection.

 He claimed this did not allow them sufficient time to prepare their defence and therefore breached his clients’ right to a fair trial.

 As for the sixth and final ground, he also abandoned that. 

 Still, appellate judges had several concerns with the appellants’ ground of appeal and at times expressed dissatisfaction with how court proceedings went.

 At one point, Justice Isaacs asked Mr Ducille about the purpose of the  appeal. 

 To which, he replied: “The purpose of this appeal is to stay the court’s proceedings.”

 He later clarified he was not requesting a permanent stay but a temporary one.

Justice Isaacs later told Mr Ducille: “You had the transcripts. Those had been served on you and if you needed additional time, Mr Ducille, could you have not made a request to the judge and say ‘well listen, we will require  a day, a week to review this material’. Why does it arise to a constitutional breach?”

 But Mr Ducille said the matter was not that simple.   

 Still, the appellate judges said to Mr Ducille he had ample time to prepare his defence. 

 “Why this court is being asked to intercede in this matter, speaking for myself, is beyond me,” added Justice Isaacs. “The matter has been stayed. The witness is coming. You have received your documents and the audio and video. Does that not render the appeal academic at this stage, Mr Ducille?” 

 Elwood Donaldson Jr, the former general manager of WSC, also filed an appeal application to challenge Justice Grant-Thompson’s ruling, but his lawyers abandoned his grounds of appeal.

 Ultimately, Mr Gibson and his co-accused’s appeal application was dismissed.

 “The reasons for the dismissal are to follow,”Justice Isaacs said. “The trial ought to proceed with the normal course. The stay that was previously imposed by this court is lifted. That is the decision of the court.”

 Mr Gibson, a sitting MP, is charged with Mr Donaldson, Rashae Gibson, Joan Knowles, Peaches Farquharson and Jerome Missick on 98 charges, including conspiracy to commit bribery, bribery, fraud, receiving and money laundering.

 The group returns to court for trial at the end of the month.