Senior Magistrate Tamia Richards a witness for the Crown?
This would have been the case had Magistrate Dr. Velon L. John agreed with the prosecution to stay the trial pending decisions of the Court of Appeal as it relates to certain moves advanced by the Prosecution recently.
The case in reference was the August 10, 2012 multimillion dollar drug case against five men, Jomo Jack, James Telsford John, Gerry Freeman, Leon King and Hugh Erickson which was dismissed against three yesterday November 5, 2014 in the Magistrate’s Court, Gerry Freeman, Leon King and Hugh Erickson.
The surprise came when the attorneys learnt that the Crown was intent on calling Senior Magistrate Tamia Richards as a witness had the trial continued.
“At the sitting in September we were told that only three days would be needed to complete the Crown's case and we all made the arrangements and we came here two weeks ago. Two weeks ago the Crown led six witnesses and this morning (yesterday)they have served other papers indicating they have another 8 more witnesses to give and they are including of course the chief Magistrate Tamia Richards,” Mr Hamilton told this news site in an interview yesterday afternoon.
The question that lurks following the disclosure by the Crown of their intention to call the Senior Magistrate at a witness was a question was in September 2014 which was asked by Attorney at Law Mr Hugh Wildman who had questioned the presence of Ms Richards in the court room as the matter was being heard by Dr Velon L. John.
On that occasion in September last, appearing to have been stunned and baffled at the same time Attorney Wildman took to his feet challenging the presence of Senior Magistrate Richards in the court room as the major trial was in the process of being presided over by another Magistrate.
According to Mr Wildman back then, he had been at the Bar for many years, coming from the Jamaican background and experience and had never seen another Magistrate sitting in the court room while another was sitting over the case.
Wildman questioned whether that was a breach of protocol given the nature and history of the case before the court at the time.
Dr. John had then laid the concerns to rest noting that there was not a breach of protocol with Ms Richards’ presence and her being there does not pose any harm to the proceeding. “It is not improper,” he said noting that on several occasions he as a Magistrate has sat in court as an observer while another magistrate presided.
But the question that was asked back then by Mr Wildman has now become a question to all those present in the open court yesterday morning when they learnt that the Senior Magistrate was an intended witness of the Crown.
Was precedence created? However as Mr Hamilton said, “That is moot now except that she has declared intentions for being a witness for the Crown but that is moot …., the Crown is not proceeding with the case."
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