... Other parliamentarians charged; reversal not unusual, says attorney
In the first two cases against Hylton, the presumptive People’s National Party (PNP) candidate for St Andrew Western in the September 3 general election, he was among five parliamentarians hauled before the court on November 18, 2011 for alleged breaches of the anti-corruption law, records show.
Other parliamentarians in court that day on similar charges were the PNP’s Natalie Neita, former sports minister; Derrick Kellier, former agriculture minister; Noel Arscott, former local government minister; Colin Fagan, MP for St Catherine South; and the Jamaica Labour Party’s Tarn Peralto and Michael Stern.
Arscott, the outgoing Clarendon South West MP, was charged with six counts.
Court records show that guilty pleas were entered for Hylton, Arscott, Fagan, Peralto and Stern on one count of breaching the Parliament (Integrity of Members) Act. They were each sentenced to a fine of $10,000 by then Senior Resident Magistrate Judith Pusey.
Neita and Kellier had their cases rescheduled, while Arscott had five counts withdrawn by prosecutors.
However, in Hylton’s case, a line was drawn through his conviction and sentence, which also included an option of 30 days in prison if the fine was not paid. The trial was set for January 17, 2012.
The trial crawled through the court system until March 6, 2015, when prosecutors threw in the towel.
“No further evidence is offered by the Crown in these proceedings. Discharged on both information (counts),” read a notation on the court file.
“The Crown indicates that the trial is a nullity.”
According to an attorney with knowledge of the case, the guilty plea entered on Hylton’s behalf in November 2011 was done by another lawyer while the St Andrew Western MP was on his way to court.
“When Mr Hylton got to court and learnt of the guilty plea, he immediately indicated that he gave no instructions to that effect,” said the attorney, explaining the basis on which both the convictions and sentences were reversed.
Reversing a conviction and sentence, one senior attorney told The
Sunday Gleaner, is not unusual. “As long as the judge has new information and has not adjourned for the day, it can be done,” said the senior attorney.
The charges against the former industry, investment and commerce minister stem from accusations by the then Corruption Prevention Commission that his 2010 statutory declaration was not filed in the time allowed by law; that he failed to disclose that he was the sole director in a private development company; and failed, when requested, to provide financial statements for the company.
In addition, he was accused of failing to furnish the commission with statements for an overseas bank account held by his wife.