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Drug accused faces fourth trial date

Island's top prosecutor and lawyers lined up trial and mention dates for 16 cases.A majority of the hearings were rapid fire as Director of Public Prosecutions Khamisi Tokunbo and the relevant lawyers had already co-ordinated suitable trial dates.

Island's top prosecutor and lawyers lined up trial and mention dates for 16 cases.

A majority of the hearings were rapid fire as Director of Public Prosecutions Khamisi Tokunbo and the relevant lawyers had already co-ordinated suitable trial dates.

Chief Justice Austin Ward told Jamaican Clifton Hopeton Morrison he will be brought back to court at the March arraignments for mention.

On remand at Westgate Correctional Facility, Morrison is accused of importing liquid cocaine in February 1999.

He is facing his fourth trial in the matter. Two have been aborted.

The only person to be arraigned in the session was Ashley Jevon Wellman who faces trials on two assaults from last autumn.

Wellman pleaded not guilty to causing grievous bodily harm with intent to Rashun Swan on September 24.

And he also denied causing grievous bodily harm with intent to David Cox and having an knife on October 21.

Wellman will return to court on March 1st for mention.

Dog attacker Stanley (Smiler) Perinchief will learn soon if the one- year sentence and $900 fine he received in Magistrates' Court in October will be reduced.

Magistrate Edward King fined and imprisoned Perinchief for the October 10 attack on "Max'' the pitbull in Kings Court, Pembroke.

Representing himself, Perinchief last month argued the effect of being ordered to pay the $900 dollars immediately or spend six months in prison consecutive to a one-year jail term is onerous.

Perinchief -- whose teeth show even in the most serious of circumstances and gives the appearance of smiling and being unconcerned -- unsuccessfully appealed to a horrified Magistrate Edward King to get time to pay.

Crown counsel Oonagh Goodred argued that it was permissible for a Magistrate to impose a prison sentence and fine a person and tack on a default sentence.

She explained it would not be improper -- magistrates normally have sentencing powers of up to one year -- to have effectively sentenced someone to a year and a half in prison.

Ms Goodred said: "The combination of an imprisonable offence and a default imprisonment by a magistrate by way of a fine would be permissible under the Summary Jurisdiction Act.

"There is nothing stopping a person from paying a fine, sir,'' Ms Goodred added.

She also presented two legal cases purporting to show that the non-payment of a fine has no bearing on whether a person has been imprisoned.

Mr. Justice Ward concluded "of course you can impose both (prison and a fine) but how do you deal with the aggregate?'' and suggested if a magistrate tagged on enough sentences with fines a person could be held "forever''.

I will reserve my judgment and my clerk will tell you when I am ready.

"Mr. Perinchief, this is a question of law,'' he said. "I don't think you could help us. I was making points for you.'' Mr. Justice Ward reserved his judgment for another date.