– following disparaging remarks by Lawyer against Prosecutor
JUSTICE Winston Patterson, who empanelled a 12-member jury on Thursday to try murder accused Shawn Richardson, yesterday discharged the jury and directed that the accused appear before Justice Dawn Gregory on Monday with a different panel and two new prosecutors. The judge attributed the shake-up to Attorney-at-Law, Mr. Basil Williams, representing (other) murder accused Quince Mc Lellan, who had made an unsuccessful application for bail for his client after the court had turned down a request to have Mc Lellan’s trial go ahead before Richardson, as promised by Justice Patterson and Prosecutor, Mrs. Judith Gildharie-Mursalin
Mrs. Gildharie-Mursalin denied that she had given any such assurance to Mr. Williams, who described her denial as untrue and claimed that the prosecutor was unworthy of belief.
Before the jury was empanelled to try Richardson on Thursday, Mr. Williams submitted that his client had been a prisoner who had the distinction of being the person awaiting trial for the longest time.
He said that Mc Lellan, who was ordered by Justice Roxanne George to have a speedy trial, was listed as No. 2 on Justice Patterson’s current ‘urgent list’.
According to Mr. Williams, since Justice George made the Order for a speedy trial in May 2010, his client continued to hear promises of an early trial that never materialized.
The delay to his client receiving an early trial, he said, was a flagrant breach of the Article.
He suggested that Justice Patterson, who despite the fact that his client was to be the second man to be tried at this session, (two have already been tried) while his client was still on the waiting list. Counsel then read from Justice George’s decision in the DPP v-A.G, which he called a seminal judgment.
Counsel suggested that if his client cannot be entertained at present he would alternatively request that he be granted bail in a reasonable sum pending his trial.
Williams’ application on Thursday for trial and alternatively bail, were refused.
The prosecutor had complained to the judge on Thursday about the disparaging remarks made by the lawyer, who, in the presence of the entire panel, she said, had referred to her as a liar and a dishonest person.
The prosecutor had also complained to the DPP, the Chief Justice, and other authorities that she would not be prepared to address the jury before whom she had been accosted.
Yesterday, the judge said he was in sympathy with the prosecutors and declared that from his experience, on Thursday, he came to the conclusion that ethics and decorum had gone through the window.
The judge discharged the jury and directed the accused Richardson that he would be discharged and his trial would take place before Judge Gregory on Monday – with two different prosecutors.
The accused Richardson is being represented by Mrs. Clarissa Riehl.