The hearing is to determine whether former male nurse, Jason Forde, will be extradited to England to stand trial for sex related offences.
Gollop is representing Forde who resides at #2 Constance Drive, Seaview, Chancery Lane, Christ Church. He is accused of engaging in sexual conduct with a person with a mental disorder, being a caregiver, sometime on or before May 10, 2004.
Should he be extradited, Forde faces seven additional charges which allegedly took place at a psychiatric hospital in Westminster, England where he was employed as a nurse.
When the matter was last heard, Gollop requested that the Crown’s representative show documentation giving them the authority to act on behalf of the British Government, before the extradition case against Forde can proceed.
Gollop had contended that without the documentation, the Office of the Director of Public Prosecutions had no status in the matter.
Today, Principal Crown Counsel Elwood Watts who appeared on behalf of the Crown, presented the document to the court. Dated August 9, 2010, it carried the signature and letterhead of the Attorney General. In part, it asked the Office of the DPP to assume conduct of the matter “so that Barbados may assist the requesting State.”
After the court ruled the document as an exhibit, Gollop objected by saying that since Watts is not the author, it should not be allowed. He continued by saying that it is not whether the AG conveyed the instruction to the DPP but whether the DPP subsequently conveyed to the court that the certificate was given to him.
The only way that could be done would be by the DPP testifying to that effect, Gollop said, by him sending correspondence directly to the magistrate with a copy of the certificate attached or from the Attorney General directly to the court.
Magistrate Graveney Bannister, however, was satisfied that the information had come to him through Watts and ruled that the matter can proceed.
Gollop then made a submission that within the Barbadian context, once consensual sex takes place, there is no crime. A crime only comes about, he contended, when one of the parties is a minor or when rape, indecent assault or unlawful sex has taken place.
Magistrate Bannister also ruled against those submissions and the hearing continued.
The day’s witnesses were Foreign Service Officer David Gibbs who testified to seeing the request from the United Kingdom and responding to it. It was sent from the Ministry of Foreign Affairs to the Attorney General’s Office.
Heather Morris, former Administrative Assistant with the Office of the Attorney General, testified to handing the document over to Assistant Superintendent of Police Anthony Jackman.
When Jackman took the stand, he spoke of being the one who executed a warrant at Forde’s home. He said when he got there, Forde was outside and he identified himself and the constable who was with him.
Jackman said he explained to Forde that he was wanted in relation to alleged sexual offences which occurred in Britain. Forde accompanied him voluntarily to the Oistins Police Station, he said.
The Crown closed its case yesterday.