Upset Mc Nicolls adjourns case due to lack of witnesses

CHIEF MAGISTRATE Sherman Mc Nicolls was yesterday forced to adjourn the Piarco Airport corruption inquiry earlier than usual because the prosecution had no more witnesses outside the courtroom. A visibly upset Mc Nicolls looked in the direction of the media table and said, “The reason for the adjournment is because the prosecution is unable to produce any witnesses. I am not going to grant any further adjournment on this ground.” Mc Nicolls was taken by surprise when lead prosecutor Gilbert Peterson SC asked for an early adjournment, saying he did not have any more witnesses for the time being. He also said that two prosecution witnesses who had given evidence were due to return after the defence inspected the station diaries of the Anti-Corruption Investigations Bureau (ACIB). Prosecution witness Evans Small had just completed his testimony when Peterson sought an early adjournment. Frank Solomon SC, one of the defence attorneys, said he was disappointed that the prosecution did not have a formal witness “so we can get value.”


Peterson responded by proposing that the defence inspect the station diaries between yesterday and today so that Small and Cpl Joanne Archie could be recalled on Monday to complete their cross-examination. MC NICOLLS: This is judicial time that is wasting. I am disappointed in the prosecution. I can’t anticipate what will happen in these proceedings. I would not insist on the prosecution bringing all of their witnesses, but at least have some of them available. John Public seems to be critical at the pace we are proceeding. SOLOMON: Is he (Peterson) closing his case? If he has no witnesses, he should take the opportunity to close his case. MC NICOLLS: Please ensure that you have a new witness on Monday morning in the event that the inspection of the diaries is completed. I am not going to grant any further adjournment on this ground. The reason for the adjournment is because the prosecution is unable to produce any witnesses.


Before the adjournment, Solomon asked about the status of Cpl Archie, who fell ill earlier this week and was unable to continue her evidence. Archie gave evidence on Monday but failed to appear on Tuesday. Peterson said Archie had fallen ill and went to Medical Associates in St Joseph for treatment. The lead prosecutor said he had received a medical certificate for seven days, but Mc Nicolls said the court knew nothing about this. “Why did you not inform the defence about this?” Mc Nicolls asked Peterson. The prosecutor promised to give a copy of the medical certificate to the defence. Hearing was then adjourned to  Monday.


British Queen’s Counsel Edward Jenkins who joined the prosecution’s team recently, is returning to London today. 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 Brian Kuei Tung and Russell Huggins, former government ministers, Ish Galbaransingh, CEO of Northern Construction Limited (NCL), Amrith Maharaj, financial comptroller of NCL, John Henry Smith, CEO of Maritime General Insurance Company, Steve Ferguson, chairman of Martime Group of Companies, Barbara Gomes, company secretary, businesswoman Renee Pierre, Maritime General Insurance Company, NCL, and Fidelity Insurance and Leasing Company Limited.

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