Appeal Court blocks Mc Nicolls’ order
THE hearing of further evidence in the Piarco Airport Corruption Inquiry was stumped yesterday when a judge sitting in the Court of Appeal granted a stay to the Director of Public Prosecutions (DPP), blocking the State from handing over documents seized by the police from two of the defendants — Maritime General Insurance Company Ltd and Fidelity Insurance and Leasing Company Ltd. On June 17 and again on June 21, Chief Magistrate Sherman Mc Nicolls, ordered the State to produce the documents for the perusal of the defence.
Before hearing resumed yesterday, however, lead prosecutor Gilbert Peterson SC went before the Court of Appeal seeking a stay of Mc Nicolls’ order. Peterson’s application was supported by affidavits from Deputy DPP Carla Brown-Antoine, Senior Supt Maurice Piggott, head of the Anti-Corruption Bureau, and Sgt Delano White. After hearing submissions, Justice Ivor Archie granted the order staying Mc Nicolls’ order for the documents to be produced for the perusal of the defence. The judge also ordered that the order be served on Maritime and Fidelity within two days. Justice Archie made it quite clear that the order was not intended to operate as a stay of the proceedings before the Chief Magistrate.
While the application was being made before the Court of Appeal, the Chief Magistrate wanted to know why his order was not complied with. He was told that Peterson was seeking a stay before the Court of Appeal. Mc Nicolls stood the case down to noon to see whether compliance was met. When the inquiry resumed, Peterson was present and informed the court of Justice Archie’s order. However, he did not have a copy of the order as it was being processed. The order came via “word of mouth.” Frank Solomon SC, one of the defence attorneys, asked for a copy, but was told it was not ready. Solomon told the court that he was finding it very hard to proceed with the inquiry in a vacuum with the order of the Court of Appeal. Even the Chief Magistrate wanted to see the order. When told there was nothing in writing, he sat on the Bench pondering his next move. Eventually he adjourned further hearing to Monday.
But the inquiry had its moments yesterday. When the case began, Peterson was absent. There was no compliance to the Chief Magistrates’ order. Brown-Antoine informed the court that Peterson was before the Court of Appeal seeking the order. But Solomon pointed out there was no stay before the Magistrate’s Court and that the inquiry was “alive, healthy and well.” He said that until such time that there was an order, the case should proceed. Mc Nicolls replied, “that is correct.”Solomon told the court that the State does not intend to prosecute the case in compliance with the order of the Chief Magistrate. “There is a declaration of unwillingness to prosecute this matter in accordance with your direction or in accordance with the law.”
Solomon asked that the charges be dismissed and the defendants freed. Vernon De Lima asked, “I wonder what has happened to pure common courtesy?” He continued, “we have email, fax, telephone, taxis in Trinidad. They couldn’t care about their own colleagues, but what about the eight in the dock? This is a disgrace. Are they serious about this prosecution, or is it just a sham?” Solomon insisted that the defence could not proceed without compliance to Mc Nicolls’ order. He said the State was making it difficult for the case to proceed. “If you dismiss these charges, it is always open to them to bring fresh charges if they so wish.”
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"Appeal Court blocks Mc Nicolls’ order"