Lawyer narrowly avoids contempt of court
Crown prosecutor Graveney Bannister came close to being cited for contempt of court in Supreme Court yesterday when it emerged that he had failed to abide by a court order.
?Do you understand that you have an obligation to obey an order unless a higher authority sets aside that order?? Puisne Judge Charles-Etta Simmons asked Mr. Bannister.
Mrs. Justice Simmons had ordered in an earlier sitting that Government Analyst Desiree Allen be brought in for questioning to assist in the sentencing hearing of drug importer Jamie Cox.
Mr. Bannister made it clear yesterday that he thought the order was wrong and told Mrs. Justice Simmons that the court had to accept as proven ?all facts that are essential to the jury?s verdict of guilty?.
And, when questioned by Mrs. Justice Simmons, he added he thought the order was to an officer of the court.
?The order is to you ? to produce Ms Allen to this court,? she replied. ?I?m going to rise now and give you 20 minutes to find out when Ms Allen can be available. If you wish to be cited for contempt of court tell me again when I return.?
Dr. Allen showed up in court shortly after the adjournment.
Mrs. Justice Simmons told Mr. Bannister that she had reviewed the court recording of the previous hearing and it was clear that she had ordered the Crown to produce Dr. Allen.
?My order was clearly to the Crown and I believe you stand before this court as a representative of the Crown,? she said. ?You have an obligation to obey that order unless a higher judicial authority sets that order aside.? The sentencing was further adjourned and a mention date set for December 1.
Cox, a 27-year-old translator, was found guilty of importing drugs. He is a British man who lists Germany as his country of residence.