Lawyer slams delay in case due to absence of files in illegal drugs matter

Attorney-at-law Angella Mitchell-Gittens has charged that non-nationals should not be made to languish on remand when disclosure on their cases is not forthcoming before the court.

In fact she told Chief Magistrate Ian Weekes that such cases must be given “priority”.

The lawyer was addressing the District ‘A’ Magistrates’ this afternoon in the matter of her client Michael Montgomery Jackson, a 41-year-old boat captain from St Vincent who is before the court alongside Brendon Elliston Ollivierre, a 40-year-old chief engineer from Bequia; and Jake-Jess McPherson King, a 26-year-old deck hand also from Bequia.

The three are charged with the importation, possession, possession with intent to supply and trafficking of cannabis on April 27.

They have been on remand since their first appearance before the court back in May.

The prosecution has maintained its objection to bail for the accused.

She said, “It cannot be that you have three non-nationals charged and every 28 days they are sitting there, come back in 28 days because there is no file.

“I am firing a warning shot because when we come back sir, I will be asking for a dismissal and I will continue to ask until something happens or I persuade you to do that . If they are not entitled to bail then those matters must be expedited. I am putting the prosecution on notice that come December we will have a file or I will ask for a dismissal,” Mitchell-Gittens submitted.

In response, Chief Magistrate Weekes said that he did not see anything wrong in principle with the attorney’s submissions.

“I would like to think that if anybody is held in another country there should be some speed with which to address these matters,” the judicial officer added.

Another attorney Martie Garners put in an application for bail for his client – King. He submitted that the accused were “sitting in prison languishing” and nothing is happening in the case.

He said he understood that his client is a non-national but suggested that was not enough to deny bail as he had, among other things, a suitable surety. Garnes said he believed that King was a fit candidate for bail and was willing to adhere to any conditions imposed.

Ollivierre was represented by attorney Latisha Springer who was holding for Queen’s Counsel Andrew Pilgrim.

Despite the applications the men were again remanded to Dodds for a further 28 days.

They will make their next appearance on December 3.