Champagnie blasts 10-yr wait for trial in cop-killing case

King’s Counsel Peter Champagnie has blasted the more than decade-long delay in bringing three men accused of murdering police Corporal Judith Williams to trial, saying it is “simply unacceptable” for accused persons to remain in custody for over 10 years before trial.

Police Constable Gladstone Williams, Rohan Smith and Jessie ‘Pops’ Anderson have spent more than a decade in custody awaiting trial in the 2016 murder of Corporal Judith Williams.

Defence lawyers have repeatedly expressed frustration over delays caused by reasons such as the shortage of courtrooms, the inability to empanel a jury, as well as the incomplete indictment.

On Tuesday, during a trial-readiness hearing in the Home Circuit Court before Justice Sonia Bertram-Linton, Champagnie asked the court to consider revisiting bail if the trial does not begin on September 16, through no fault of the defence.

“My client has been in custody now for this matter and this matter alone for 10 years and two months awaiting trial,” Champagnie said.

“For any person to be in custody now, 10 years and two months awaiting trial, is simply unacceptable on any scale, not blaming the court.”

Champagnie argued that if the September 16 trial date again fails to get off the ground through no fault of the defence, the defendants’ prolonged incarceration should warrant fresh consideration of bail.

He also disclosed that investigations conducted by the defence uncovered that one of the prosecution’s witnesses had died and urged the Crown to verify the information, saying it could affect the prosecution’s readiness to proceed.

Acting Assistant Director of Public Prosecutions Cygale Pennant, however, insisted that the Crown was ready for trial and argued that the delays were institutional rather than the fault of the prosecution.

“I would argue that it is institutional delay because a part of the situation is because of a lack of resources, meaning there is no courtroom available, and that is not because of the Crown. The Crown has been ready,” Pennant said.

She also disputed the defence’s suggestion regarding the witness, telling the court that the individual who is being referred “is not dead and counsel knows where he is”.

The judge also indicated that based on her record, one of the witnesses has died but is a police officer.

She, however, declined Champagnie’s request to make an order linking any future delay to a reconsideration of bail, noting that the history of the case did not suggest the prosecution was responsible for the postponements.

“I could not make an order if it is just going to affect them,” the judge said.

When Champagnie amended his request, asking instead that bail be reconsidered if the matter failed to start through no fault of the defence, the judge again declined but reminded counsel that they were always at liberty to make a bail application if circumstances changed.

“You always have the liberty to apply for bail,” she said.

The judge noted that when the matter was listed for trial on February 9, a long list of witnesses was present, along with two overseas witnesses who were available remotely. However, the case could not proceed because of two part-heard matters.

However Champagnie argued that the extraordinary delay could ultimately support an abuse of process application, pointing to a recent discussion in the Court of Appeal on whether a defendant could receive a fair trial after six years of delay. He noted that his clients had now spent more than a decade in custody awaiting trial.

WHAT IS REASONABLE

Defence attorney Cecil Mitchell also questioned the practical meaning of the constitutional right to a trial within a reasonable time.

“We’re talking about a person who is 10 years in custody and we can’t even obtain a commitment for trial,” he said.

Justice Bertram Linton replied, “You’re preaching to the choir,” prompting Mitchell to respond, “Let us sing, My Lady.”

“When we sign on to these international conventions, it is really good for style, not for real purpose,” Mitchell said, arguing that the accused had already exceeded what is considered a reasonable period under those standards.

“According to the convention, two years is reasonable time. We are now five times two years,” he said

He also argued that the accused bore no responsibility for shortages of judges, courtrooms, prosecutors, or administrative staff.

The judge acknowledged the systemic challenges but said the legislation did not permit her to give priority to a future bail application.

She, however, agreed to set the matter for bail application in the event that trial is unable to proceed.

In the meantime, all three defendants were remanded.

Corporal Williams was gunned down on April 28, 2016, at a bus stop on Braes Street in Dunkirk, east Kingston. She was reportedly shot six times by two men.

The alleged mastermind is accused of plotting the woman’s murder after she brought him to court over a car she gave him to fix, and which he sold without permission.

Attorney-at-law Mitchell is representing Smith while Leroy Equiano is representing Anderson.

tanesha.mundle@gleanerjm.com