KINGSTON, Jamaica— Senior Parish Judge at the Kingston and St Andrew Parish Court, Lori-Ann Cole-Montague, did not hold her punches when she showed her displeasure at the decision made by the Office of the Director of Public Prosecutions to withhold some 10 statements from Constable Noel Maitland’s defence team.

Maitland was charged with murder earlier this month in connection to the disappearance of his girlfriend and social media influencer, Donna-lee Donaldson, after she went missing on July 11.

The constable was scheduled to have his bail application be heard on Monday, but the court was told by his attorney, Kaysian Kennedy Sherman, that she is not in a position to do this since she does not have the full scope of the prosecution’s case against her client.

The prosecution told the court that the decision to withhold certain documents, including civilian statements, was done to protect the witnesses and the integrity of the investigation. Confirming that the matter is an on-going investigation, the prosecution also added that witness inference had already taken place, with one witness being described “fragile” and fearful of returning to his workplace. The court was also told that the defence team was given 14 statements, including the forensic and DNA report.

The matter is also scheduled to be transferred to the Home Circuit Court on September 16.

“It is what it is. We have had sight of the preliminary report. In the face of that document we have requested the disclosure in order to argue the information that is contained in any document. We have indicated our position… I haven’t seen the documents [and] in keeping with the obligations of my client I think it would be irresponsible to make a bail application,” a peeved Kennedy Sherman said.

However, after Cole-Montague stood the matter down to allow the prosecutor time to contact her seniors to review the decision, and it was understood that the crown maintained its position; the judge verbally lashed the prosecution for being unfair to the defendant.

“There is a duty to the prosecution to disclose. It is not discretionary. I do have a challenge with the prosecution. It is not unknown that today was set for bail application. No application should be done by ambush,” Cole-Montague chided.

She added that she understands that the Director of Public Prosecutions (DPP) has the right to have the matter taken to the Home Circuit Court, but it is her judicial duty to ensure the defendant is treated fairly.

“I hear the position of the crown that it is the posture of the learned DPP, and it’s her right to have this matter taken to the Home Circuit Court, but it’s not there yet. The matter is before me, parish court judge. The matter was set for bail application and there should be nothing put in to hinder the application being made,” she chastised.

“I know that counsel is saying ‘we [have] instructions] and we’ve spoken to senior,’ but let me tell you something when you stand in the court sometimes you’re standing in your own right as guided by the principles as counsel and it should not be said that any individual prosecuting counsel did not fulfil his or her duty of disclosure. If there is guidance that says to the contrary we stand here as attorneys on our own feet,” the judge continued, adding that she expects even the clerk-of-courts to be able to “be strong and to stand on their own feet and to have conviction, regardless of what anybody else might say,” because they have the law that guides them.

The judge said there have been no attempts previously to shield the names of the witnesses from the defence team since their names were detailed in the preliminary report.

“I call a spade a spade,” she stated.

“How many civilian statements and none of the civilian statements, save for the defendant and the mother of the now presumed dead woman? None of them can be disclosed? 10 statements? This doesn’t sit well with the court,” Cole-Montague added.

Noting that the accused must be heard and the circumstances surrounding him being heard must be fair, Cole-Montague said, “When things are done shrouded in secrecy it allows for distrust. The public has a vested interest and they must know what’s happening.”

Stating that this is the first she has encountered an incident such as this, the judge welcomed the “seniors” to speak to the court.

But defending the Crown’s stance, the prosecutor said the DPP will disclose the documents eventually.

To this, Cole-Montague advised that they edit the documents, even if they have to even heavily redact the information.

At the same time, the court was told that the case against Maitland consists of only circumstantial evidence because no witness saw the crime take place.

Police reports indicated that on July 11, about 10:00 pm, Donaldson was picked up at her house by Maitland in a black BMW motor car to spend the night with him at an apartment located at Chelsea Manor.

However, Donaldson’s mother, Sophia Lugg, on July 12, reported to police that she had not seen or heard from her daughter.