An absent witness meant no evidence was elicited in the trial of former Education Minister Ruel Reid, Former head of the Caribbean Maritime University (CMU) Fritz Pinnock, and their co-accused at the Kingston and St Andrew Parish Court on Monday.

The trial also started late, as when parties arrived for 10:00 am, the technology used to facilitate virtual attendance and record the trial was not ready.

It meant the matter had to be stood down while the accused, defence attorneys, and the prosecution waited almost two hours for the requisite individual, with knowledge of how to operate the system, to arrive and set up.

When proceedings eventually got underway at almost 12:00 pm, Senior Deputy Director of Public Prosecutions Ashtelle Steele indicated to presiding Judge Sanchia Burrell that the witness scheduled to take the stand on Monday was unavoidably absent due to unforeseen circumstances.

Burrell noted, however, that the prosecution ought to have multiple witnesses on standby for situations such as this.

Steele, in response, shared that the order in which witnesses are being called had been reshuffled the week prior to facilitate defence attorneys and that had affected this week as well.

“So your ability to plan and organise your witnesses is still impacted by the attendance of the attorneys,” the judge said.

More than 90 witnesses are expected to be called in the fraud trial of the five accused, which also includes Reid’s wife and daughter Sharen and Sharelle Reid, and Jamaica Labour Party Councillor Kim Brown Lawrence.

While there are 35 counts in total in the trial, the accused are charged with different counts and different witnesses are expected to affect different and sometimes multiple accused.

While Burrell lauded the conciliatory approach taken by the prosecution in how the witnesses are being called and noted she was not interfering with it, she added that there comes a time when the Crown just has to proceed.

Steele emphasised strongly that, with the testimony of one witness expected to be called later this week, all accused persons need representation present.

She also noted that testimony expected this week would be document-heavy, adding that the arrangement in which some attorneys tune in via Zoom may not be suitable for that.

“We do not recommend that counsel be online,” she said.

Brown Lawrence’s attorney Oswest Senior Smith was represented in court by a junior while listening in via Zoom were Carolyn Chuck, who represents Sharelle Reid, and Linda Wright, who represents the former education minister.

Chuck held for Shannen Clarke, who represents Sharen Reid.

Several attorneys in the fraud trial, including Hugh Wildman, who represents Pinnock, and Wright, also sit in the ongoing murder trial of six policemen occurring simultaneously in the Supreme Court in downtown Kingston.

Burrell had previously warned Pinnock he could possibly have to cross-examine a witness himself during the Monday sitting if an attorney did not turn up to represent him.

In addressing him directly on Monday, she queried whether he wished to place anything on the record regarding representation.

He indicated that his attorney had shared an email but did not share the contents with the court.

In response, Burrell indicated that an email could not be placed on the record.

“There is a way that we practise in the court; it’s not ad hoc,” she said, highlighting procedure that had shortly before taken place with other attorneys indicating absences or holding.

“There is a way that things are done and I will not, under my stewardship, be deviating from the proper way that we were all taught to do things,” she maintained.

The judge added that she had never seen it done, where emails are sent regarding matters that must be on the record.

She added that there have also been some inappropriate actions, citing emails sent to the judge, with accused persons attached to the correspondence.

Pinnock requested he be allowed to take notes on his laptop to which Burrell agreed, but noted that certain safeguards would have to be put in place.

However, without a witness, the trial adjourned until Tuesday at 2:00 pm.

Prosecutors allege that between March 2016 and October 2019 the five accused participated in a scheme with others unknown, which siphoned off more than $25 million from both the Ministry of Education and CMU.

It is alleged that this money was funnelled through transfers to various accounts either owned or controlled by the accused, or handed over in cash.

The accused have all pleaded not guilty to the charges.

– Dana Malcolm