Jean stays in jail
Lawyers representing Jean-Ann Panton, the woman accused of swindling billions of dollars from the accounts of at least 40 Stocks and Securities Limited (SSL) clients, failed to have the court grant her bail on Friday despite presenting Justice Lorna Shelly Williams with a list of illnesses they said have afflicted their client.
A previous bail application was made on February 17 when Panton first appeared in court to answer to three counts of larceny as a servant, five counts of forgery, five counts of uttering forged documents, three counts of engaging in transaction involving criminal property, and three counts of breaching the Cybercrimes Act.
However the judge, at that time, denied bail, citing a lack of adequate documents to support the application.
On Friday, attorney Tamika Harris presented additional documents intended to prove that Panton is a fit and proper candidate for bail. According to the attorney, a lock-up is not a suitable place to facilitate her client’s full recovery from surgery and the numerous ailments.
However, at the end of Harris’s appeal, Justice Williams told her that nothing she presented indicated that her client could not remain in custody.
Justice Williams then set June 15 as the next plea and case management date, while April 19 was set as the next mention date when a new application for bail will be allowed.
“Based on the seriousness of the offences, bail is denied. If a further medical report is to be submitted to the court, then do so and I will consider it at a later date. There were three documents presented to the court. The first is an affidavit from Lorna Panton and the affidavit sought to exhibit a number of newspaper photographs to tell of the illness of Ms Panton. The second document is a medical report from a Dr Graham, which says that Ms Panton has hypertension, diabetes, chronic hip pain, and lumbar pain. As a result of this she was referred to a Dr Samuels,” the judge said.
“She underwent surgery and got treatment for infection. The last medical report from Dr Samuels details of a health history of Miss Panton that she told him of. He basically reported what she said to him. I note the last part of the medical certificate spoke to problems with post-operation complications and she requires a walker and wheelchair. However, I do not see anything that would prevent her from being in custody,” Justice Williams added.
A displeased Harris tried to explain to Justice Williams that the doctor did not indicate when Panton would be able to walk again and said, although the matter is very serious, “I must ask the court to bear in mind that the applicant has no previous convictions, has demonstrated a willingness to surrender to the courts and to the charges. The fact that my client has to rely on insulin and has to be given it several times a day, and the fact that she has to be assisted with regular simple tasks such as using the bathroom, I am asking the court for her to be considered.”
None of the arguments moved the judge.
Neither was Justice Williams swayed by an interjection by attorney Sylvester Hemmings, who said he was representing Panton’s family and, by extension, the accused.
Hemmings told Justice Williams that Panton was being kept in conditions that are not even suitable for people who are in good health. He also tried to downplay the offences for which Panton has been charged, claiming they are not as serious as murder and asked the judge not to make her determination based on media reports.
“It is my instruction that most, if not all, of her necessary care is being attended to by inmates,” Hemmings said.
“I was thinking if, in these circumstances, that possibly a house would be appropriate. The facility [where Panton is being held] is a correctional service. I ask the court to take into consideration the likelihood of further impairment to her health, mentally and physically. In fact, this is a prison and not a lock-up that she is in,” Sylvester said.
“I am recommending that a half[way] house would be more conducive to the conditions she has suffered. The charges at this time are charges that are being outlined as serious, but these are charges laid on a daily basis. It is not murder. It seems to me that the seriousness has been overplayed,” the lawyer added.
However, Justice Williams told Hemmings that she does not dictate where people are kept while in custody and reminded him that the court only makes its judgments based on what is presented and not what is reported by the media.
Panton, a former wealth advisor at SSL, was charged on February 17 after being interviewed by investigators in the presence of her attorney and following searches at two premises in the Corporate Area connected to her on January 20.
Among the clients from whose accounts she confessed stealing money is Jamaican sprint legend Usain Bolt whose lawyers have demanded that SSL refund US$12,758,181.74 — the reported balance in his account at October 31, 2022 — by January 27.