Reid trial rolls on despite lawyers’ absence

A judge on Monday did not allow the absence of defence attorney Hugh Wildman to delay the resumption of the oft-delayed fraud trial involving former Education Minister Ruel Reid.

Wildman is the attorney for one of Reid’s co-accused, former Caribbean Maritime University (CMU) President Professor Fritz Pinnock.

Senior Parish Court Judge Sanchia Burrell revealed that the attorney sent an email at 4:57 p.m. last Friday, indicating that he could not be present because of two other cases he had in the Court of Appeal and the Supreme Court.

Burrell noted, too, that she learnt on Monday morning that Pinnock’s other attorney, Shemar Bryan, “has another commitment” and would also be absent.

She recounted, however, that the dates for the restart of the trial were agreed on during a hearing on July 1 this year “and nothing was said before Friday, October 2, that there would be a difficulty”.

“The email [from Wildman] isn’t telling us anything. It’s not saying he’ll be here tomorrow; it’s not saying somebody else will be here today,” she said.

The judge acknowledged “without qualification” the right of all accused persons to legal representation and to the attorneys of their choice, describing both as important components to the right to a fair trial, but said “they are not absolute entitlements”.

“I believe that what the authorities [case law] require or demand of the Bench is a balancing exercise. Counsel’s absence does not automatically require an adjournment. It does not,” she insisted.

“The ultimate question is one of fairness. Having regard to all the circumstances, can this matter fairly proceed?” Burrell said before ruling that the trial resume.

She said the trial dates that were set on July 1 took into account the “age, complexity, and the history of this matter”, as well as the number of accused persons and attorneys involved in the case.

The other accused persons in the case are Reid’s wife, Sharen; their daughter Sharelle; and Jamaica Labour Party-aligned councillor for the Brown’s Town Division in the St Ann Municipal Corporation, Kim Brown Lawrence.

All five are on trial for multiple offenses tied to a scheme that allegedly siphoned more than $25 million in public funds through fake jobs, sham contracts, and bogus invoices between 2016 and 2019.

The judge indicated, too, that she has to take into account the “considerable” judicial and administrative resources, as well as the “competing rights and interest of all the persons affected by this process”.

She said the time between July 1 and Monday was to allow attorneys, accused persons, prosecutors and court administrators “to arrange their respective affairs on the footing that this matter was fixed [for October 5]”.

“You’ll recall I used the phraseology, ‘there comes a time when justice has to be certain’. And on July 1, I said the time had come,” Burrell said.

In the absence of his attorneys, Pinnock was given a notepad and a pen and allowed to make notes from the testimony of the sole witness who gave evidence on Monday.

The witness, a former senior employee at King’s House, gave evidence about Reid’s appointment by Governor General Sir Patrick Allen as a senator and minister of education.

She also testified that she handed over documents related to Reid’s swearing-in to police investigators on August 28, 2019.

The trial is scheduled to continue on Wednesday.

livern.barrett@gleanerjm.com