AG loses another case to delays
delays in a drugs case caused a magistrate to discharge the defendants.
Douglas Charles Durrant, 37, was charged with importing cannabis with intent to supply and Wilbur Eugene Brangman, 37, was charged with handling cannabis.
The matter first came before the courts on March 16 and was adjourned four times over the course of the next four-and-a-half months -- because the AG's Chambers had not served papers.
Papers were served on July 29 and a trial was set for August 25 in Magistrates' Court.
But Kim Wilson, defence lawyer for Mr. Brangman, said she received less than a week's notice that the AG's Chambers were seeking another adjournment -- this time because the investigating officer was on vacation.
"Mr. Brangman has declined several job opportunities because of this cloud hanging over his head,'' Ms Wilson said.
"Whether Police are aware or not, this is highly prejudicial to my client -- both socially and economically.'' "They may think this is acceptable because my client is out on bail, but that is not an attitude to be adopted,'' she added.
Magistrate Edward King stated: "I am not prepared to fly all people's flags indefinitely...it's a matter for the Bar to jump on the back and bite.'' But he agreed that it was "an unsatisfactory state of affairs'' and adjourned the matter until later that day.
Mr. King told Crown counsel Charmaine Smith to have a senior member of the Chambers appear and give a date when they would be ready to proceed, and added: "Don't send the messenger, send the whole message.'' When court reconvened, Mrs. Smith said the AG's Chambers would be ready to proceed when all the Police witnesses returned from vacation after September 19.
Edward Bailey, defence lawyer for Mr. Durrant, objected to any further adjournment, stating: "This is a pure abuse of judicial process.'' "This is really an injustice, that clients should come here five to six times and pay counsel, not to mention the amount they lose from missing work for the day...A day must come where defendants be compensated,'' he added.
Mr. King agreed with the lawyers, noting that the Crown's prolonged delay in handling the matter was "overbearing''.
He discharged the two men and stated: "I have not found them"not guilty'', the Crown is at liberty to start all over again.'' The Attorney General's Chambers now have ten days within which to appeal Mr.
King's decision.
Mrs. Smith said she did not know if the AG's Chambers would appeal, and Acting Attorney General William Pearce was unavailable for comment.