“Conflicting commitments” on the part of two defence attorneys representing one of the accused in the ongoing Klansman Gang trial on Wednesday forced a two-day recess to allow for a fresh legal team to be briefed and take instructions from the client before resumption.

Attorney Petreta Gabbidon has more or less been holding the fort for attorneys Donovan Collins and Aston Spencer, who were named as representatives for Shawn Pottinger, since the matter began in early February. Since the start of the trial, however, Collins has not put in an appearance while Spencer has only been seen once.

On Monday morning, during the customary taking of the roll for the 25 accused, the Court was informed that a legal aid assignment was being sought for Pottinger given the logistic challenges faced by his original team who had indicated that they were withdrawing from the matter because of another trial in which they are engaged in another parish.

Trial judge Justice Dale Palmer, in requesting that the original defence team address the court on the issue, adjourned the matter while stating that he preferred to “err on the side of caution” instead of continuing the proceedings while representation for Pottinger was still in limbo.

On Wednesday morning when the trial resumed, Spencer, in apologising to Justice Palmer, said the other case, which had been in train before the gang trial, had been set back for various reasons including multiple injuries the accused man allegedly suffered at the hands of the police while he was in custody.

“In the circumstances, we have had extensive discussions with our friends, Counsel Gabbidon and Wellesley, and we believe in the interest of the matter that with the Court’s leave, the matter be assigned to my learned friends, as given the circumstances, the fact that we are still within the Prosecution’s case for the other matter, it would be better,” Spencer said.

In also apologising, via Zoom, Collins said: “Unfortunately, Milord, we had all the intentions in the world to be present and represent Mr Pottinger, however, based on the unfortunate incident that has happened with this murder trial in St James, we are still on the prosecution’s case. I apologise for my absence, Milord, and I hope my apology is accepted and it was never my intention to conduct any matter before the court in this way, Milord”.

Pottinger is named on count two of the indictment which charges membership and counts 30 and 31 which charges him along with two other accused of murder and robbery with aggravation.

Justice Palmer, in permitting the men to withdraw from the matter, said the adjournment was necessary.

“As eager as I am, to make the best use of the time, I really think that it may be prudent to allow time…because while none of the witnesses so far, as I can recall, directly dealt with any count specifically relating to Mr Pottinger, they are all together in relation to count two (which charges all 25 accused with membership of a criminal organisation) and so I expect all the evidence can potentially affect everyone and so, as reluctant as I am to lose the remaining days, I think a prudent course would be for us to adjourn to Monday of next week…unless further time is needed,” the trial judge said.

Justice Palmer said while Pottinger had indicated to the Court that it could proceed without the adjournment, the tribunal was not minded to.

“With respect, he doesn’t have the tools to adequately make the decision. And so I think this prudent so that if there’s a brief that hasn’t been handed over, that it will be handed over, which I expect include instructions in relation to this matter. So that Counsel who have agreed to continue are adequately equipped so to do, I don’t wish for Counsel or Mr Pottinger to be at any disadvantage in putting forward his defense because of this administrative issue,” Justice Palmer stated.

“Accordingly, the record will now reflect that Messer’s Collin and Spencer are permitted to withdraw, and the record will now reflect Mr Lynden Wellesly and Miss Petrita Gabbidon as representing Mister Pottinger. What we need is to have an urgent the brief relating to the matter to be handed over urgently so that Counsel can get up to speed,” he added.

Another two prosecution witnesses who had turned up to give evidence Wednesday were bound over to appear on Monday when the matter resumes.