Defence pushes for dismissal of case against Reid, Pinnock and others

The multimillion-dollar fraud trial of former Education Minister Ruel Reid and others has been adjourned to Monday, as the defence seeks dismissal unless the Crown produces independent statements not gathered by Financial Investigations Division (FID) agents or by police officers acting under its instructions.

Attorney Hugh Wildman argued that the statements in the matter were obtained illegally and cannot be used to ground the order for indictment, which is required for the case to proceed to trial.

“The FID has no authority to investigate, collect statements, and share them with anyone or use them for any other purpose.

“And when you examine the bulk of the statements, they were collected by authorised agents or police officers acting under the instruction of authorised agents, which is a breach of Section 10 of the Act.”

Additionally, he claimed that some of the statements resulted from searches conducted in breach of the FID Act and are therefore inadmissible.

Wildman, who is representing former Caribbean Maritime University (CMU) President Professor Fritz Pinnock, made the argument during his submissions opposing the indictment order.

Reid, along with his wife Sharen and daughter Sharelle; Pinnock; and Jamaica Labour Party Councillor Kim Brown Lawrence, are currently before the Kingston and St Andrew Parish Court for trial in relation to a $50 million alleged fraud.

The group faces charges under various laws, including the Corruption Prevention Act, conspiracy to defraud, misconduct in public office at common law, and breaches of the Proceeds of Crime Act.

However, when the matter commenced this morning, Wildman objected to the order of indictment being granted, arguing that it can only be issued if independent evidence is produced.

The prosecution requested time to respond and suggested Monday, which was accepted by the court.

Senior Parish Judge Sanchia Burrell, who is presiding over the matter, indicated she will rule on the application after both the prosecution and the defence have made their submissions.

She also stated she would decide on an application for additional time for defence attorneys, following submissions that a large volume of material was only recently disclosed and that it would be virtually impossible for them to adequately represent their clients.

- Tanesha Mundle

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