A defence lawyer failed to show up or communicate with the Georgetown Magistrate’s Court on Jan. 29 in a matter that was specifically listed for hearing on that day.
When the defendant, Fiziela Clarke, of Sandy Bay, entered the dock, she told the magistrate that her lawyer, Israel Bruce, had said he was in another court and had asked that the matter be stood down.
Magistrate Bertie Pompey said he was minded to continue the trial in the absence of the defence lawyer.
He said Bruce did not communicate to the court that he would be absent or late for the trial, which was specifically set down for that sitting of the court.
Clarke, a former clerk within the Ministry of Agriculture, is facing eight charges of theft.
She is accused of stealing over EC$195,000 from the Government of St. Vincent and the Grenadines between 2016 and 2019.
The trial started last November, when one witness was called to take the stand.
However, as the prosecution was about to enter a cash book into evidence, Bruce told the court that he had not received disclosure of that document.
Prosecutor, acting Corporal of Police Shamrock Pierre then made an application for an adjournment to have the cashbook disclosed to the defence.
Pompey then ordered that disclosure be made by Dec. 11, 2023 and adjourned the matter to Jan. 29, 2024.
On Jan. 29, looking at the defendant, Pompey said, “I’m minded to go through [with the trial]”
Pierre told the court he was ready to continue with the trial and four of his witnesses were present.
“Not even an explanation [from the lawyer]. We had to travel all the way from Kingstown,” the prosecutor said.
“We set aside today just for this matter” the magistrate said.
“I am not going to accept tardy behaviour, whether [from] defence or prosecution counsel. I’m not going to tolerate it. They should communicate with us here [at the Georgetown Magistrate’s court],” Pompey said,
The magistrate adjourned the trial to March 18, saying that the trial will proceed even if the lawyers are before the High Court or Court of Appeal.
Appearances before the Court of Appeal takes precedence over High Court appearance and High Court appearances take precedence over magisterial matters.
GEORGETOWN MAGISTRATES COURT
LIST OF CASES DOWN FOR HEARING
ON MONDAY, JANUARY 29TH , 2024@ 9:00 A.M.
OrderBkNO Complainant Defendant Charge/Claim
CRIMINAL
1 240/23GT PC 360 Craigg Philbert Lewis Criminal Trespass, Attempted burglary
2 62-65/22GT CPL 483 Ollivierre Fiziela Clarke Theft (4x) Query Court List
3 96-99/22GT CPL 484 Ollivierre Fiziela Clarke Theft (4x) OrderBkNO Defendant Complainant Charge/Claim
4 103/23GTC Andrean Wilkinson by AG Annisha Eversely Cordel Azuba Jacobs Arrears of Rent and Utilities
truth be told!!!!!!
Israel Bruce from the list of cases you have provided it appears that the case for which you are the lawyer for the accused is not listed according to the list that you provided. If this is the case then why the magistrate called the case and made those statements or observations. There is something in the mortar besides the pestle. This is a reasonable observation.
Someone surely did not get it right .Either the Magistrate , the reporter or youself did not get it right. However, if the list of cases to be heard that day is accurate , then a retraction of the magistrate’s conclusion needs to be amended. The two statements can never be correct.
Kenton where is my comment?