MANDEVILLE, Manchester — The prosecution and defence attorneys in the Manchester Municipal Corporation multi-million dollar fraud trial, being heard in the parish court, are again at odds over the disclosure of documents to the defence.

At yesterday’s sitting of the court in Mandeville, the recurrent accusation by defence counsel of a failure of the Crown to disclose to them documents in evidence, was further compounded by yet another accusation against the Crown.

Attorney Norman Godfrey, who represents main accused Sanja Elliott, former deputy superintendent in charge of road and works at the Corporation, objected to what he said was the Crown’s examination of a witness on matters that were not in the witness’ statement before the court.

The witness, Detective Corporal Fabian Parnell of the Financial Investigation Division of the Ministry of Finance who was being examined by Crown Counsel Channa Ormsby, recounted an incident in June 2016 when he seized monies in Jamaican and US currencies, found at the home of Sanja Elliott.

Godfrey objected to the disclosure, informing the court that the defence present had been “taken by surprise” as there was nothing in the witness’ statement that “spoke to money”.

Crown Counsel Ormsby defended the action of the Crown stating that the defence will have an opportunity during cross examination to address the witness on the disclosure and that there had been previous evidence that dealt with cash seizure.

Presiding judge Ann Marie Grainger said while the defence will be able to cross examine the witness, the “defence has to have a proper response time” (to evidence presented by the prosecution).

She said further that it was an issue that was related to credibility and suggested to the Crown that an “attack on the credibility of the witness can be avoided”.

She told the prosecutor that she too needs to be guided by the evidence of the witness.

The judge then permitted the Crown to proceed with the examination of the witness, but on objections of the defence, cautioned that the opinion of the witness on financial matters in relation to Elliott, was not admissible in evidence.

She told the prosecution that the seizure of the money was “not crucial” to the case before the court and was “not relevant to the indictment”.

She explained that it was not a case about unlawful possession or the Proceeds of Crime Act and that the cash found in the investigation had to do with the Crown seeking to establish a “kind of life style”.

Along with Elliott, others before the court on charges related to allegations of fraud involving some $400 million of the Corporation’s funds are: former senior staffers David Harris, and Kendale Roberts; Elliott’s wife Tasha Gay; his parents Edwardo and Myrtle Elliott, an employee of Sanja Elliott, Dwayne Sibblies and bank employee, Radcliffe McLean.

Examination of the witness resumes today, with the sitting commencing at 11:30 am, an hour and a half later than the usual 10:00 am start.

Jonathan Morrison