Counsel to ‘move’ motion at next sitting

The defence counsel representing a local soldier in a court martial is expected to make a possible no-case submission when the hearing resumes Tuesday.

When the trial of Private Raheem Reeves continued Monday at the headquarters of the Barbados Defence Force (BDF), St Ann’s Fort, the Garrison, Judge Advocate Krystal Delaney gave notice that Michael Lashley, Q.C. would be making a submission to the court.

While neither Judge Advocate Delaney nor Lashley had specified the nature of the submission before the panel hearing the case against Reeves, Barbados TODAY later learned it would be a no-case submission.

Private Reeves is charged with leaving duty on March 14, 2021 without permission while he was stationed at St Ann’s Fort as part of a COVID-19 Sanitisation Unit.

During the day’s proceedings Lashley raised concerns over the manner in which the evidence was unfolding from the prosecution witnesses. He also said the unavailability of Lieutenant Coast Guard Sena Price was also a concern as this witness was critical to his client’s case.

Much of the latter portion of the trial was spent with the defence, the Judge Advocate and prosecutor Neville Corbin in an exchange regarding Price’s unavailability.

It was immediately after the prosecutor had finished calling witnesses and had notified the court that Price would no longer testify due to “protracted sick leave” that Lashley became incensed. He later apologised to the court for some of his remarks.

The senior counsel told the panel that Price was central to the defence case which has not started. He said the officer had evidence which would help their case and it would be suicidal not to have it.

Lashley then demanded the court’s transcript for the day’s proceedings which he indicated would help in preparing his case.

Judge Advocate Delaney ruled that Price would not be available to testify at this stage and therefore Lashley should take advantage of an alternative witness who had been identified and who was capable of answering his questions.

Delaney’s ruling was informed by a statement from senior officer Lt Mark Jemmott who she said had given notice of Price’s sick leave. This was supported by testimony from human resources officer Sergeant Che Mapp who said that Price would be on leave from August 8 to September 11.

Two other prosecution witnesses were called today: shift leader for the COVID- 19 Response Unit Sergeant Venice Forde and Assistant Staff Officer and Duty Officer Second Lt Dennia Edwards.

Having already heard that the accused left duty without permission to go home to cook his own food because he does not eat from the BDF canteen, Sg. Forde, a registered nurse working in the army’s medical department, testified under cross examination by Lashley that all employees had a right not to eat from the military.

He had also told the court earlier that any soldier who had a special dietary need could make a request for it to be addressed but that no one had made such a request on the day in question.

In response to further questioning by the Queen’s Counsel, he admitted that the duty of sanitizing vehicles which transported COVID-19 patients was a hazardous one. He also said there were no special provisions made for soldiers working on the COVID-19 Sanitization team with respect to food.

Responding to prosecutor Corbin, Forde told the court that it was normal for army employees to at times bring to work their own food or order it from fast food restaurants while on duty.

However, he testified that on March 14, 2021, no one gave Reeves permission to leave camp. Duty Officer Edwards was questioned at length when she took the stand.

She informed the panel that she was responsible for the security and management of all duties at St Ann’s Forte. The prosecution witness said she did not give Reeves permission to leave duty on the day in question.

Under cross examination by Lashley, she told the court that soldiers are allowed to take breaks during duty. Pressed further by the senior counsel, she said she did not know if anyone had given orders regarding lunch or supper, but she did not give any to the sanitization team at the time.

The witness testified that no one had to remain hungry and that they had options on accessing food even though they may not eat from the BDF.She said anyone working on the compound at St Ann’s Fort was entitled to break and eat by having someone drop off the food, bring it to work or buy from the mini-mart at the headquarters and use the kitchen to prepare their own meal.

However, Edwards pointed out that no one could leave the facility to obtain food unless permitted. But Lashley suggested to her that she was not telling the truth with regard to persons who want to be their own cook. The president of the court martial is Lt Commander John Mapp.

(emmanueljoseph@barbadostoday.bb)