THE recurring absence of defence attorneys involved in the trial of 25 alleged members of the so-called Tesha Miller faction of the Klansman gang has again become a sore point for trial Judge Justice Dale Palmer.

There are 29 defence attorneys, including junior counsels involved in the 25-defendant matter which began on February 4, however on any given day the number present in the courtroom hovers below 10.

On Thursday, day 39 of the trial, Justice Palmer made his concern a matter of record when he entered the courtroom and saw all 25 defendants in place, the prosecution team, court staff, but only one member of the defence team.

Justice Palmer, in enquiring about the absences before the taking of the register as customary, got this reply from senior Attorney Denise Hinson who was the only one present.

“I am quite shocked that no other counsel is in court. I apologise to the court and the Crown for the absence of counsel and any inconvenience caused. I have just sent a message in the group to advise that there is no counsel in court and that they need to be here,” Hinson said.

Hinson told the judge that two of her colleagues whose clients were named on the counts to be heard that morning had indicated that they were “minutes away” while indicating that she did not know the whereabouts of the other lawyers.

In response Justice Palmer said, “I do take note that those particular counts don’t name all defendants but I know that everything potentially affects everyone. I really have been noticing morning after morning our numbers keep dwindling. It seems perhaps my accommodation in allowing for a later start to allow things to be in order is taken as licence to just do everything else before they come to this court.

“I try to be accommodating because this matter will go on for long, and I know sometimes counsel have to attend upon other courts, but it’s not the first time I have come and seen only one counsel here of all the counsels involved.”

The trial judge, in rising to allow the defence to get its house in order, noted that there was no point in the usual register being called since one counsel could not hold for all attorneys named in the matter.

However, despite that leeway, when he returned only six defence counsels were present.

For the sitting that day, which adjourned at 4:00 pm, most of the defence counsels were absent, prompting Justice Palmer to chide the senior lawyers as he noted that while they sometimes rely on junior counsel to hold for them, these junior lawyers at times also disappear from the court, leaving the defendants without representation.

On May 4 Justice Palmer entered the court at approximately 10:30 am and indicated that he was reluctant to start the matter because of the sparse number of defence counsels present.

“I wish to enquire what’s happening with counsel this morning. I am not starting… I gave leeway to allow time for prisoners to come, for counsel to organise themselves, and if counsel — many of whom are legal aid, who are submitting forms at the end of whatever period — and I cannot start on time, and no arrangements are made to even have counsel hold for them, I prefer not to start because while these two particular counts may not necessarily name all defendants, I am going to assume that all proceedings affect everyone given that there is a count that concerns all of them,” Justice Palmer said then.

“Certainly there should be counsel present and holding; and counsel would, or ought to know, if they have difficulties this morning to have counsel hold,” Justice Palmer added.

When defence attorney Abina Morris indicated that she would hold for absent counsel on the particular count, Justice Palmer pointed out that several other defendants remained without representation just the same, even though the four attorneys present had tried to cover for their colleagues.

“There’s no one present or holding or accounting [for several other defendants]… I may have to rise. I’d rather not start without some indication as to counsel not being present — whether they are nearby or if there is other counsel who holds for them,” he said.

When Morris further indicated, “I will hold for the absent counsel plural so we can commence, with your leave,” Justice Palmer relented.

Several attorneys involved in the ongoing trial are legal aid assignments.

During the trial of the Andre “Blackman” Bryan faction of the alleged gang, which began in September 2021 and ended in October 2023, the Jamaica Observer was told by an attorney then, “They paid us per day, so even if an entire month goes by while the trial was going on, if court only sits for two days they paid us for the days. The daily figure was $10,000. We were only paid when we turned up to court; there was no consideration for out-of-court preparations,” the attorney said.

“One thing I know for sure, lawyers won’t be interested in doing gang matters because it is State-funded,” he said as he argued that the remuneration from that trial was “significantly less” and was “lower than what was received for other gang trials”.

The Observer is yet to ascertain the remuneration for court-assigned attorneys for this case.