Former legislator Andre Penn's criminal trial in the High Court of the Virgin Islands has been traversed to the October 2013 assizes. Photo: VINO/File

Justice Albert Redhead (left) believes former legislator Andre Penn has been trying to manipulate the High Court while Director of Public Prosecutions Wayne Rajbansie said the Crown has been ready to go ahead with the trial. Photo: VINO/File

In the High Court today, July 24, 2013 Attorney at Law Michael Fay, QC, appeared on behalf of Penn and made yet another application for the trial to be traversed to the October 2013 assizes on the ground that an application is in the court of appeal for a stay of the criminal procedures pending a resolution of other issues that are before the courts at various levels.

Justice Albert Redhead said he was in receipt of a letter from one of Penn's overseas lawyers which he said contradicts all the reasons that were previously put forward to him as being the reasons for their inability to attend the trial here. The letter allegedly stated that one of the lawyers was ill for several months. The crown was told on several occasions that both lawyers were engaged in serious criminal trials overseas.

Fay said that he did not agree that the High Court of the Virgin Islands was deceived in anyway because of the revelations in the letter and requested that the trial be traversed nonetheless.

Director of Public Prosecutions (DPP) Mr Wayne Rajbansie told the court, "When you are in the forest you don't always see the trees.... Even a blind man like Ray Charles could have seen the inconsistencies," said Rajbansie as he requested that the trial go forward today pending the response from the appeals court.

This time Penn emerged the successful applicant as the case was traversed to the October 7, 2013 assizes but not without a stern caution from Justice Redhead. "You will be tried. I will not be here but you will be tried....I have looked at all the files and I have no doubt that they will be successful. You wouldn't have me, so clear your mind," said Justice Redhead as he told Penn that he will continue to be out on bail until the commencement of the trial.

Rajbansie requested that Penn ensures that all pre-trial application be filed by August 31, 2013 in advance of the commencement of the next assizes.

Today's adjournment brings an end to the May assizes.

See previous article posted July 23, 2013

Penn continues efforts to ‘manipulate’ HC - Justice Redhead

- Judge rejects application by Penn to have trial adjourned to next assizes

Former legislator Andre Penn, who has one of the Territory’s oldest criminal cases running in the court system, was back before Justice Albert Redhead on July 22, 2013 with yet another attempt to have his trial traversed to the next assizes.

This time he appeared with legal representation by Attorney at Law Courtenay Griffiths QC who made an application for the judge to discharge the jury and adjourn the matter to the next criminal assizes. This was done pro bono.  

Mr Griffiths argued that to proceed with a trial in the absence of Penn having legal representation is in contradiction of Section 16 of the Constitution of the Virgin Islands.

Mr Griffiths was only retained by Penn to represent him in the attempt to file the application yesterday July 22, 2013 and said he made his application based on instructions from Penn. He also stated that Penn’s substantive lawyers out of St. Kitts are unable to attend the trial now.  

Penn had made several prior appearances in the High Court bearing excuses why his overseas lawyers were not able to attend court in the Virgin Islands and was on a recent occasion told by Justice Redhead that the court had been bending over backwards to facilitate him and that it had become obvious that he was trying to manipulate and make a fool of the High Court of the Virgin Islands. 

Yesterday, Director of Public Prosecutions (DPP), Wayne Rajbansie said his office was yet to receive any letter from Penn's lawyer that they are representing him or that they are unable to make the trial. Rajbansie further said the DPP has a civil matter with Penn currently underway and it will finish soon after which they will be ready to go ahead with the trial.

Justice Redhead, who reiterated that Penn was clearly trying to manipulate the court process, rejected the application by the lawyer.

The Jury selected on July 8, 2013 had to be discharged due to the inability of one of the jurors to continue sitting due to the long adjournment. A new jury body will be selected on Wednesday July 24, 2013.

Mr Penn is before the courts on allegations of sex related offences committed on a minor.