By LEANDRA ROLLE
Tribune Chief Reporter
lrolle@tribunemedia.net
A COURT of Appeal judge chastised defence lawyers representing Adrian Gibson and others yesterday for bringing “a time-wasting" appeal.
Mr Gibson and his co-accused filed an appeal application on March 6 against a ruling of Supreme Court Justice Cheryl Grant-Thompson, which permits an intended witness to give evidence in the case.
The defendants argue that the notice of additional evidence in the middle of the trial deprives lawyers of the ability to adequately prepare their defence.
They also contend that the statement the witness gave the police cannot be admitted into evidence without magisterial intervention, which they claim would result in an unfair hearing.
However, Justice Jon Isaacs said their grounds of appeal were not “constitutional” matters and accused the defence team of “cheapening the process”.
He said additional evidence is usually given late in every Supreme Court trial.
“These are matters that you raise during the trial,” he said. “If you have a problem with the witness as to when she may have started cooperating, you cross-examine her on it. These are not constitutional matters. I’m speaking for myself.
“This is a time-wasting exercise.
"You were caught by surprise, okay. Well, the judge has given you the option of an adjournment to prepare yourself accordingly. You wish to make this into a constitutional application. You’re cheapening the process. I’m speaking for myself.”
Justice Milton Evans agreed and told defence lawyers that filing a constitutional appeal should only be done in exceptional circumstances.
He said trials would never finish if every judge’s order is challenged.
He said: “If you ask for an adjournment and she refuses, if you apply for a no-case submission and she refuses, are you going to come to the Court of Appeal on one of those? The whole purpose of the scheme of things is that you leave those for final appeal if a conviction takes place.”
Murio Ducille, KC, maintained that letting the witness testify would result in an unfair trial for his client because “it was not a deposition and it was not a VBI”.
He relied on section 166 of the Criminal Procedure Code, which says: “No witness who has not given evidence at the preliminary inquiry shall be called by the prosecution at any trial unless the accused person has received reasonable notice in writing of the intention to call such witness.”
Damian Gomez, KC, made similar arguments, saying the witness’ statements to police should not be admitted into evidence.
However, Justice Isaacs highlighted section 167 of the code –– their ability to cross-examine the witness.
“That is the very essence of fairness so what are you folks complaining about?” he asked. “You have the name, you have the information related to the evidence. What about that you cannot adequately prepare a defense?”
For her part, acting Director of Public Prosecutions Cordell Frazier asked the court to reject the appellants’ application and to award costs to the respondents for “abusing” the court's process.
She said defense lawyers have adequate time to prepare their case, noting the trial judge asked them how long they needed to review the evidence.
She said the witness' evidence is unsurprising given what was outlined in the voluntary bill of indictment.
“To come to this court, which we say does not have jurisdiction, is an abuse of the process because they have not applied to the court below for leave," she said. "They could have done so, but it still would not have been on a constitutional basis because there was no absolute application before the court.”
The appellate judges are expected to deliver their ruling later.
The Long Island MP is facing several charges concerning his tenure as the WSC’s executive chairman under the Minnis administration.
The charges stem from Mr Gibson’s alleged failure to declare his interest in contracts awarded by the WSC.
The FNM politician is charged with Mr Elwood Donaldson Jr, former WSC’s general manager, Peaches Farquharson, Joan Knowles and Jerome Missick.
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