Gerry Freeman (foreground) was remanded to prison after his trial failed to begin when he appeared before the Magistrate's Court on July 24, 2013. Photo: VINO

Gerry Freeman (foreground) was advised to cut his losses and secure a new attorney by Senior Magistrate Tamia Richards. Photo: VINO/File

The defendant was charged with failure to make a declaration in an incident related to his illegal entry to the Virgin Islands. This allegedly stemmed from a 2007 arrest.

Senior Magistrate Tamia Richards cited the case as being en route to holding the record of the longest running case before the court after it had been adjourned several times over the years.

Senior Crown Counsel Sarah Benjamin apologised to the court for the absence of several customs officers who were key witnesses in the matter and requested an adjournment. She noted that the officers had been coming regularly over the years, only to have the matter put off time and again.

Magistrate Richards declined a request to have the matter adjourned to October and instead suggested an earlier date as she felt the matter had been dragged on for far too long.

When told that the witnesses may be on vacation during the month of September, Magistrate Richards said, “They have to be here, unless they’re dead or sick.” She noted that the officers could be summoned to appear regardless of whether they were on vacation or not given the rules that govern their position as public officers.

Freeman will now return to court on September 16, 2013 when his trial is expected to begin with testimony from two of the Crown’s witnesses.

See previous story posted June 13, 2013:

Magistrate advises Gerry Freeman to find new attorney

ROAD TOWN, Tortola, VI – USVI national Gerry Freeman, 48, who is part of a group of men before the Magistrate’s Court on money laundering and drug conspiracy charges, was advised by Senior Magistrate Tamia Richards to find a new attorney.

Freeman, of St Thomas, is also before the court on related charges of illegal entry and Magistrate Richards told the defendant on June 11, 2013 that he may have to cut his losses short and get someone else to defend him after there had been several no-shows on the part of his attorney in the matter.

“I have never seen the lady and I paid,” the defendant alleged while stating that he made payments for his defence to J. S. Archibald & Co.

Magistrate Richards asked if it may be possible that Freeman could impress the importance of his matter upon his attorney since it had continued to come up without representation over the past year.

Meanwhile, Senior Crown Counsel Sarah Benjamin expressed frustration on the part of the prosecution and stated that the matter had been ongoing for some time.

She suggested to the Court that the Crown would be pleading that this be allowed as the final adjournment in the case in relation to issues of representation for the defendant.

It was stated that it is unfair that the Crown has been prepared and ready for quite a while and has seen no progress with the case.

Magistrate Richards said the matter would be proceeding with or without the defendant’s attorney and said she would give him enough time to secure a new lawyer in adjourning the matter.

The case is now set for hearing again on July 24, 2013 when the trial is expected to proceed.