Lawyers suggest House speaker’s dumping case is waste of court’s time
ST ANN’S BAY, St Ann — Two defence lawyers suggested yesterday that it would be a waste of the court’s time to proceed with the case of illegal dumping brought against Speaker of the House of Representatives Marisa Dalrymple-Philibert and two co-accused.
Peter Champagnie and Tom Tavares-Finson, Queen’s Counsels, gushed confidence in the St Ann Parish Court after reading statements from two prosecution witnesses, the police officers who witnessed the alleged illegal dumping.
The statements, the lawyers argued, “corroborate” the defence’s case that the three accused did not leave garbage at the Salem, St Ann location where they are accused of carrying out illegal dumping.
Arguing that a breach would have been committed only if the garbage had been left behind, Champagnie cited Section 46 (1) of the National Solid Waste Management Act which says, “A person commits an offence if he throws, drops or otherwise deposits and leaves any litter in any public place”.
Champagnie added that, regardless of how long the case goes on, the “unassailable fact” is that his clients did not leave any garbage at the location in question.
“That is not based on instructions that we are given; it is based on what the prosecution has. In that regard, therefore, no offence would have been committed. Your honour, we are a firm believer in disposing of matters…,” Champagnie said.
He repeatedly stood to ask, “Why are we here?”
Champagnie’s stance was reinforced by Tavares-Finson who read aloud parts of statements he received moments earlier from the two police witnesses.
“The statements do not disclose a charge,” said the defence attorney, while asking that the matter be disposed of immediately “rather than waste the court’s time”.
The prosecution, however, asked for more time to peruse the police officers’ statements, which were provided during the sitting of the court. It also stated that the St Ann Municipal Corporation is yet to furnish the court with its statement regarding the case.
The corporation is expected to speak to the term “public space” and the persons or authorities responsible for such space.
The judge, Larona Montague-Williams, scheduled the case for trial on February 21 next year.
Before that time, the St Ann Municipal Corporation should submit its statement to the court, the judge said.
The defendants who appeared in court along with Dalrymple-Philibert are her son, Giovanni Philibert, and Simon Sanchez who is said to be her employee.
When the case was called up, the two men stood in the dock reserved for defendants, while a seemingly confident Dalrymple-Philibert — dressed in a black pants suit — stood just outside the dock.
Allegations are that shortly before noon on August 15 police were patrolling along the Salem main road when they saw three people exit a pick-up truck and started disposing of garbage.
The police officers approached the trio and pointed to a ‘no littering’ sign in the area, the court heard.
It is alleged that Dalrymple-Philibert scoffed at the officers, asking, “You know who I am?” She reportedly went on to tell the lawmen that she is a lawyer, speaker of the House of Representatives, and Member of Parliament for Trelawny South.
The three subsequently were taken to a St Ann police station and charged under the National Solid Waste Management Act.
The officers could otherwise have used their discretion and ticketed the trio, the defence said in court yesterday.