Attorneys quarrel over document disclosure


Defence attorney Vernon De Lima was yesterday highly critical of prosecution attorney Carla Browne-Antoine, whom he said was unfair in her response to a request made by him concerning documents he wished to have to assist him in his cross-examination of a witness.


The remarks came as the preliminary inquiry into allegations of corruption arising out of the Piarco Airport Project resumed yesterday at the Port-of-Spain Eighth Magistrates’ Court.


De Lima was about to resume cross-examination of ASP Wayne Boyd when he informed the magistrate of what he deemed a "disturbing matter."


"I indicated last week that I would need from the prosecution, documents the witness said he had in his possession during his investigations. That report would have helped my file. I made the request in writing to which I received a response signed by Ms Browne Antoine. It disturbs me greatly, that in that response, it is stated that, "it is usual that such working material is not retained." As far as the letter has indicated, the document has been destroyed. This to me is totally unacceptable because I need it to properly cross-examine the witness," submitted De Lima.


In response to the defence attorney’s submission, Carla Browne-Antoine, the Deputy Director of Public Prosecutions, told Chief Magistrate Sherman Mc Nicolls that things needed to be checked first, and that document had fallen into that category.


"The document was created by attorneys in this case and it is covered by the legal professional privilege. But if it is that he wants this information, he needs to put his request in writing," said the prosecution attorney.


Mc Nicolls suggested to the defence attorney that he abide by what the prosecution had said.


Eight persons and three companies are charged with a total of 21 offences relating to the new terminal development project at Piarco Airport. They are former government ministers Brian Kuei Tung and Russel Huggins; CEO of Northern Construction Ltd (NCL) Ish Galbaransingh; CEO of Maritime General Insurance Company John Henry Smith; Maritime Group of Companies chairman Steve Ferguson; company secretary Barbara Gomes; businesswoman Renee Pierre, and Fidelity Insurance and Leasing Company Ltd.


Hearing resumes today.

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