Magistrate issues warning after defence lawyer fails to show up

KINGSTOWN (CMC): THE CASE in which a former public servant is accused of stealing more than EC$195,000 (one EC dollar=US$0.37 cents) from the St Vincent and the Grenadines government has been adjourned to March 18, after the presiding magistrate issued a warning to both the prosecution and the defence teams.

“I am not going to accept tardy behaviour, whether [from] defence or prosecution counsel. I’m not going to tolerate it. They should communicate with us here [at the Georgetown Magistrate’s Court],” Magistrate Bertie Pompey said after he was informed that the defence lawyer, Israel Bruce, was absent for the scheduled date of the trial.

The defendant, Fiziela Clarke, who is accused of stealing over EC$195,000 from the government between 2016 and 2019, told the court that her attorney had informed her that he was in another court and had asked that the matter be stood down. Clarke, a former clerk within the Ministry of Agriculture, is facing eight charges of theft.

The magistrate, who said he was minded to continue the trial in the absence of the defence lawyer, said Bruce did not communicate with the court.

The trial started last November, when one witness was called. But the matter was adjourned to January 29, with the magistrate ordering then that disclosure by the prosecution be made by December 11, 2023.

On January 29, the prosecution told the court that it was prepared to continue with the trial and that four witnesses were present to testify.

The magistrate adjourned the trial to March 18, saying that the trial will proceed even if the lawyers are before the High Court or Court of Appeal.

Appearances before the Court of Appeal takes precedence over High Court appearance, and High Court appearances take precedence over magisterial matters.