No plot to interfere with witnesses

ATTORNEY Gillian Lucky assured the Court of Appeal yesterday that there was no sinister plot to interfere with witnesses if full disclosure is made by the State in the $19 million Airport Authority fra-ud case in which eight persons, including two former Government Ministers, are charged.

Lucky gave the assurance while arguing that Chief Magis-trate Sherman Mc Nicolls was well within his  power to order the prosection to make available separate lists of all relevant documents as it affects each accused.  She made it quite clear that production of the list was not tantamount to disclosure. In other words, the prosecution could produce the list without the defence having to see the documents. With the list available the defence could ask the Court for disclosure on documents it did not have.  She accepted that there could be documents of a sensitive nature that would not be available to the defence.

Lucky, together with attorneys Alan Alexander SC, Frank Solomon SC, Russell Martineau SC and Desmond Allum SC, are resisting an application by DPP Geoffrey Henderson to have the Court of Appeal rescind Mc Nicolls’ order to produce a list. They have also told appellate judges Jus-tice Margot Warner (President) and Justice Rolston Nelson   that the Court of Appeal under section 36 of the Supreme Court of Judicature Act has no power to hear the appeal, since it was a mere administrative decision in an inquiry, not a decision of any “material error.” Former Minister of Finance Brian Kuei-Tung, former Minister of National Security Russell Huggins, bus-inessman Ishwar Galbaransingh, Amrith Maharaj, Steve Ferguson, John Smith, Renee Pierre and Barbara Gomes are jointly charged with Maritime Fidelity Finance and Leasing Company, and Nor-thern Construction Limited, with conspiring to defraud the AA of over $19 million. When hearing re-sumes today, Lucky will wind up her submission, after which Gilbert Peterson for the DPP will respond.