Sighs, sparks, swordplay...drama as Aming wins immigration case
After hours of strident legal argument, charges of illegally employing a woman were dropped against veteran nightclub owner and concert promoter Choy Aming yesterday.
The dramatic legal dust-up broke out between Senior Magistrate Archibald Warner, Crown Counsel Graveney Bannister, his boss, Director of Public Prosecutions Khamisi Tokunbo, and defence lawyer Richard Hector over the admissibility of a statement lawyer Peter Farge took from Aming concerning alleged immigration violations at the Clayhouse Inn on North Shore, Devonshire in June.
Mr. Bannister had applied to have Mr. Farge read the statement and Mr. Warner questioned the move -- amid a world weary "oh dear'' comment and much forehead rubbing -- and opened a special "voir dire'' or trial within-a-trial hearing.
Mr. Warner threw up his hands when Mr. Bannister withdrew the application and said: "That's what I was trying to tell the DPP three hours ago.'' Mr. Bannister returned 15 minutes later -- having consulted with superiors -- and asked that the charge be dropped.
Earlier, Mr. Tokunbo jumped in to assist Mr. Bannister, who appeared to be in a pinch.
The DPP gave a dramatic speech defending the need for Mr. Farge to give his statement, complete with animated pointing and retorts to which Mr. Hector would respond by throwing his pen into his file and shrugging his shoulders.
Despite much eye rolling and seeming irritation, Mr. Warner appeared to enjoy all the jousting.
The veteran nightclub owner and concert promoter was charged with employing Natalie Noel illegally on June 15.
Immigration Inspector Andrea Daniels told the court she went to Clayhouse that night and saw Aming standing at the top of the guest's entrance.
She assumed he thought she and Immigration clerk/typist Zelia Paulos were tourists until he recognised her.
Ms Daniels followed the "briskly walking'' 71-year-old to the club's bar and saw him trying to get Mrs. Noel in a storage closet.
The pair appeared to be nervous and although Mrs. Noel denied working for pay, she admitted "helping out'' when Aming was short of staff.
Aming refused to answer whether or not Mrs. Noel was getting paid. After Ms Paulos testified, Mr. Farge was called, prompting the two hour battle.
After silently reading the statement Mr. Warner said: "Mr. Farge, you took this statement from Mr. Aming, and you took it in a lawyer and client relationship and you're going to come and give evidence on information your client gave you? "Not only would I fire you,'' Mr. Warner added. "But I would report you and sue you! He told Tokunbo: "It's a matter of trite law that a statement must be admissible and it must be voluntarily obtained, and taken by a person in a position of authority and it must not be against the interest (of a subject).'' Mr. Tokunbo said: "It was taken for the purposes of an investigation and I think the difficulty is in finding an example (of legal precedent) that fits this.
"You simply can't find any unfairness here,'' he explained. "You may not like it, Your Worship, but this does not invoke any of the precepts of inadmissibility.
"This is admissible because it is relevant, it was obtained without inducement or threats, and was voluntary in the full legal sense of the word,'' he added. "I go further in saying that it was not in breach of the Bar Rules.'' But Mr. Farge testified Ms Daniels was threatening "to take Mr. Aming right to court, right away'' if he did not make a statement.
Mr. Farge explained he was concerned that Mr. Aming was unwell at the time and was under great pressure to not resist the investigation, saying Ms Daniels was "unrelenting''.
"So you recorded a statement like they do at the Police station?'' Mr. Warner replied. "This all sounds like pure madness to me.'' Moments later Mr. Bannister, after consulting with senior Crown Counsel Dorien Taylor who had taken a seat next to him, withdrew the application.
Upon returning from the break, a smiling Mr. Bannister took to his feet and said: "After considering the developments and the position of the Crown finds itself in, and as a Minister of Justice, we will drop this information (charge) against the defendant, Mr. Aming.''