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News
ERICA VIRTUE, Observer writer  
October 27, 2005

Lawyer says he’s unable to interview Andem

Queen’s Counsel Berthrand McCaulay, who is representing the alleged former leader of the Gideon Warriors gang, Joel Andem, on Monday told the court that he has been unable to interview his client at the New Horizon Remand Centre in Kingston.

McCaulay told Justice Marva McIntosh that he had a bad knee and was therefore unable to walk the ‘reasonably long distance’ from the parking area at the remand centre to the interview area to meet with his client.

His explanation came shortly after he had asked that Andem – who along with co-defendants Rupert Wallace and Rohan Masters appeared in court on Monday for their court mention date, now set for Novemebr 28 – remain behind for 30 minutes so he could interview him.

Justice McIntosh then asked a police sergeant if the request could be accommodated.

But the sergeant said it could only be done if counsel was prepared to do so inside the lock-up, as there was neither the manpower nor the convenience for it to be done elsewhere.

Justice McIntosh replied that she was very disturbed that the attorney was unable to interview his client – a right of the client for proper defence.

Paula Lewellyn, senior deputy director of public prosecution, told Justice McIntosh that there was a logistics problem and that Andem was a high-risk detainee. As a result, extra manpower would be needed to accommodate the request.

Another member of the defence team said for 20 years, defence counsels have been trying to get a room where clients can be interviewed, but to no avail.

Justice McIntosh said she was in an awkward position, and could not do anything about it.

“I cannot, and will not take the responsibility to order the police to make arrangement for an interview to be conducted. It would be irresponsible of me to do that. I cannot do that,” Justice McIntosh said.

McCaulay was not satisfied however, referring to Section 20 of the Constitution that provided for the right of client to access counsel.

He said it was Justice McIntosh’s duty to make the order for the interview to be conducted at a point close to the entrance of the Remand Centre.

The judge insisted that she could not make such a binding order on the leadership of the Remand Centre.

She said, however, that she wanted “something in writing” so that the order could be obeyed when it was made.

Andem, the police said, was responsible for murders, shootings, robberies, kidnappings, extortion and other serious crimes in St Andrew.

He is also suspected of kidnapping businesswoman Sylvia Edwards from a shopping mall on Red Hills Road, Kingston, before killing her and burying her body in a shallow grave.

The murders of Edwards’ brother-in-law, Robert Edwards, District Constable James Thomas, who was shot in Kintyre and his body dumped in the Hope River, and People’s National Party activist Pearl Briscoe have also been linked to Andem and his gang, the police said.

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