Gang Trial: Attendance and witness statement concerns raised by attorney

 

Attorney Denise Hinson, one of the attorneys representing Tesha Miller, on Monday questioned what was available to the Crown when the trial date was set, noting that many of the so-called formal witness statements were prepared after the trial began.

 

Miss Hinson also complained that the prosecution had been calling only one witness per day, a claim rejected by the Crown.

 

The issue arose after the defence was served this month with a witness statement recorded in March.

 

Miss Hinson said the late disclosure worsened attendance issues and made it difficult for the defence to plan its schedule.

 

She argued that attorneys were unable to say when the trial would end and were struggling to manage other court matters.

 

She noted that judges in other courts are often unconcerned that counsel are tied up in a lengthy High Court gang trial.

 

Earlier, Justice Dale Palmer, who has urged both sides to agree on statements, where possible, to save judicial time, said he understood why some attorneys were reluctant to do so.

 

During the day's proceedings, one witness gave evidence, while a written statement from a woman, now deceased, who witnessed the murder and robbery of a man at Yarico Place in February 2020, was also read into evidence.

 

Responding to Hinson's concerns about attendance, Justice Palmer reiterated his position and the source of his frustration.

 

Last week, he raised concerns about the absence of attorneys and lack of communication when counsel were engaged in other courts and asked colleagues to hold brief for them. He noted that each defendant is represented by more than one attorney and should not be left unrepresented during the proceedings.

 

Responding to the late statement issue, the lead prosecutor said it was an oversight. He rejected the claim that only one witness was being called per day, pointing to a witness who attended court for four days last week but was not called. He also cited another who attended for two days and, on the second day, the defence had no questions.

 

The Prosecutor added that only 13 of the 44 viva voce witnesses gave statements this year, making it incorrect to suggest most statements were recently obtained.

 

He said the Crown had indicated since January 7 that those statements were outstanding, and four of the 13 related to special measures.

 

He also disclosed that one witness died after the trial began, while another death was only learned of after proceedings started.

 

The lead prosecutor said, if the matter could be completed by next week, the Crown would do so, noting the trial's significant professional and personal toll.