Judge peeved with Crown’s inability to proceed with case

The Director of Public Prosecutions (DPP) and a High Court Judge today had a heated exchange over the prosecution’s standing in the court system.

There are 12 prosecutors at present and five Criminal Courts along with the Court of Appeal that deals with Criminal Appeals and Civil Appeals. Prior to the appointment of new judges only two criminal courts were active with fewer prosecutors.

Over the past weeks, comments have been made by Justice Carlisle Greaves regarding the prosecution’s handling of cases.  In one instance, the judge expressed dissatisfaction with a prosecutor for failing to inform the court that he was attending Police Training School on the last day of a trial; causing another prosecutor to sit in.

On that occasion, the No. 3 Supreme Court Judge called the prosecutor’s absence disrespectful.

“It is disrespectful to the court, it is disrespectful to the jurors, it’s disrespectful to the citizens of this country. I am the judge if I have a previous arrangement I would announce it to the court. No training school is more important than this court….No wonder we have so many hundreds and hundreds of cases, perhaps in the thousands, with men waiting around here for ten and 15 and 20 years for trial…I see no passion coming out of your office.”

But Senior Crown Counsel Oliver Thomas labelled the statement as unfair, saying that if there was no passion he would not be there to fill in the case. Thomas stood in for Acting Senior Crown Counsel Rudolph Burnett, although he [Thomas] was set to be engaged in a murder trial in another court.

Prior to that, the judge scolded another prosecutor after he said he was not properly prepared to do closing submissions and asked for an adjournment. Other criticisms came as a result of issues with witnesses being summoned on time and the slow wrapping up of cases.

Today, Acting Senior Crown Counsel Rudolph Burnett asked the court for an adjournment so that he could prepare his closing submissions, much to the dismay of the judge. Burnett told the court that he needed to review the transcripts of the day’s session before he could make his submissions.

The judge called on him a number of times to make submissions in the “short case” but he repeatedly informed the court that he was not prepared. Justice Greaves eventually gave him 10 minutes to prepare.

On his return, Director of Public Prosecutions Donna Babb-Agard was also in attendance. The lead prosecutor was the first to rise to her feet to address the court. However, before she could start the Justice Greaves granted the adjournment.

“I realize we have a cultural difference. I’ve been away from Barbados for so long that it is very different to how we are. So if you all want to take as much time as you wish to do what you want to do, I will adjourn for the day,” said Justice Greaves, who sat in the Bahamas’ high court.

The DPP however, said the comments required a response in the prosecution’s defence.

“Before you adjourn, I am going to be very cautious about how I respond this morning because your Lordship said something in front of the jury and I am concerned about what you have said. I’m going to paraphrase – ‘we have a cultural difference’ and ‘I am going to let the Crown do whatever they want to do and take as long as they want to take,” she responded.

She continued: “We are not here to waste anybody’s time. We have a duty while we sit on this side of the Bar, as your Lordship has a duty while you sit on your side of the bench and therefore the connotations that come with your Lordship’s last comments need a response from the Director because I do not wish the public to leave with a particular impression of how the Crown does its work in these courts.”

Babb-Agard alluded to the fact that she had been privileged to have worked for nearly 30 years in the courts and held posts at the DPP’s office since 1992.

“Although we have cultural differences in the region, it cannot possibly be in the best interest of the criminal justice system, for any prosecution to be asked to close the Crown’s case without the benefit of a written transcript to review. ..It is a wounding with intent and the second count unlawful wounding. We pride ourselves in the DPP’s office for being prepared before we speak,” she added.

Justice Greaves said he thought it was Burnett, who did not seem to have the ability to make a closing address after what he considered a short matter. However, he said, he didn’t realize it was “policy” that the court must adjourn to give the prosecution time to study the transcript.

“In order to prepare to do the Crown’s case to the best of its ability it is important for us to have a review of the transcript. Given that Mr Burnett stood up and made his notes in a standing position while he was doing examination in chief – he probably does not have the benefit of having two junior counsel to assist him like, my learned friend Michael Lashley QC and therefore in circumstances such as those, I thought it incumbent on me to inform the court as to what our position was because I’m very surprised by the comments in this regard.”

The judge recalled his 42 years in the system and never having a need for a transcript.

“And things have changed Sir, because at the time when you were in the DPP’s office, along with me, if there were 60 cases on the calendar that was a lot; we have over a 1000 cases and the prosecutors are preparing them consistently…,” Babb-Agard charged.

Justice Greaves recalled: “When I opened my address to a jury, and all the prosecutors who work with me, we were ready to address. I have to get accustom to this Barbados TODAY that has been going on this way for so long that we got 3000 criminal cases to try…that we are now trying cases in 2020 that were indicted since 2015.”

The court then ended. (TS)