CMU fraud trial to proceed Oct 5

Defence lawyers in the multimillion-dollar Caribbean Maritime University (CMU) fraud trial have been placed on notice that the case will proceed on October 5, with Parish Court Judge Sanchia Burrell warning that the repeated scheduling difficulties of one attorney can no longer be allowed to derail the proceedings.

Burrell issued the warning during a case management hearing in the Kingston and St Andrew Parish Court on Tuesday after granting what she described as one final adjournment to accommodate defence counsel. She said the date had already been agreed by the parties, but made it clear that no further delays would be entertained.

“The parties are, however, placed on clear notice that the matter will proceed on that date.

“The availability of judicial time and more importantly, the rights of the remaining four persons whose interests cannot indefinitely and infinitely yield to the scheduling difficulties of one attorney,” Burrell said. “ It will not happen in this court.”

The judge said although every accused person enjoys the constitutional right to be represented by counsel of his or her choice, that right “is fundamental” but “is not an absolute right” and must be balanced against the rights of the other accused to a fair hearing within a reasonable time and the court’s obligation to ensure the efficient administration of justice.

“This balancing exercise assumes particular importance in matters involving multiple accused persons,” Burrell said, noting that repeated disruptions by counsel inevitably affect all parties before the court, including the co-accused who are entitled to have the allegations against them determined without undue delay.

Burrell warned that continued delays increase the risk of prejudice to criminal proceedings through fading memories, difficulties in witness management, and disruption of the orderly progression of the trial.

“The court’s responsibility is to manage the proceedings fairly, efficiently and proportionately. It is not the function of the court to organise fixtures around the competing professional commitments or diary arrangements of counsel,” she said.

Instead, she said, attorneys have a duty to organise their practices and chambers so they are able to properly discharge their obligations to all clients.

Burrell urged defence counsels, particularly Hugh Wildman, to make appropriate arrangements to ensure the trial could continue in their absence, whether by properly instructing junior counsel or retaining alternate (ATIVE) counsel to take

over the proceedings. The latter has been repeatedly absent because of his involvement in multiple matters.

She said the rights of the remaining accused persons could not continue to be compromised by scheduling conflicts.

“The court has consistently moderated expectations and accommodated counsel, but there comes a point when the proper administration of justice requires certainty. That point has now been reached.”

While acknowledging that reasonable accommodation had been extended, she said it could not continue if it undermined the rights of other accused persons or the efficient disposal of the matter.

The judge also noted that October 7 will mark one year since the trial began.

“We do not have much to show for an entire year,” she said. “Proper and responsible case management requires that we continue on the 5th of October.”

The trial has been repeatedly delayed due to the unavailability of several defence attorneys who have been engaged in other matters which clashed with the trial dates that have been scheduled.

Wildman, who represents former CMU President Fritz Pinnock, and King’s Counsel Linda Wright, who represents former Education Minister Ruel Reid, have both been involved in a trial in the Supreme Court involving six police officers, resulting in several aborted hearing dates. Wildman has also had several other matters that have conflicted with scheduled trial dates in the Court of Appeal and the parish court.

On Tuesday, both Wildman and Wright were absent, although Wright’s junior counsel appeared on her behalf. Defence attorney Shannon Clarke, who represents Sharen Reid, was also absent, while Oswest Senior-Smith, who represents Jamaica Labour Party Councillor Kim Brown Lawrence, experienced difficulties joining the proceedings via Zoom. Present was attorney Carolyn Chuck who represents Sharelle Reid.

The accused, who were all present, had their bail extended until October 5.

They are charged with conspiring to defraud the Ministry of Education and CMU of more than $25 million and have all pleaded not guilty.