‘Absolutely shocking’
Parish Judge Maxine Ellis was incensed when she learned that a social inquiry report was not prepared for the matter against the juror accused of offering $500,000 to the jury foreman to influence other jurors to return a not guilty verdict in the murder trial of dancehall artiste Vybz Kartel.
Livingston Caine, who was found guilty of perverting the course of justice on December 13, appeared in the Kingston and St Andrew Parish Court on Monday for sentencing. However, the sentencing was once again postponed to Wednesday when it is expected that the social inquiry report will be available.
Caine, whose matter was initially scheduled for sentencing last Thursday and was postponed when it was revealed that he had been admitted to hospital for an undisclosed illness, was remanded.
The prosecutor told the court that on Tuesday morning she spoke to the probation officer who “indicated she was made aware of that report being requested today”.
“What?” Ellis asked incredulously, adding that “it’s absolutely shocking” that the report is not available.
“A probation officer spoke to me in person about it. Tell the probation department to come over, please,” the judge ordered.
Although the probation officer who was brought before the judge was not the one in court on Thursday when Ellis had ordered the completion of the report, the judge did not hold her punches when she demanded an explanation for the unavailability of the report for sentencing.
“I am not going to take any more delays. This court has said more than once that this matter has been long outstanding and overdue, and I intend to complete this matter in the shortest possible time, and the shortest possible time would have been Friday, but the defendant was unable to bring himself here due to illness,” Ellis said, adding that on Thursday she became aware that the probation office did not complete the report, despite the defence requesting the court have sight of the report in December when a sentence hearing was held.
“If they [probation officers] are going to tell me that they weren’t aware, then I am going to say somebody or something is hell-bent on delaying this matter, and I am not having it,” the judge said.
When the probation officer finally appeared in the courtroom, she apologised to the judge for the “tardiness in completing the report” and said, “I spoke to my supervisor and she said that we could perhaps have it ready for the first week in April.”
“No, ma’am… I need it tomorrow,” Ellis said.
The probation officer attempted to get until Friday to present the document, but the judge flatly refused.
“This matter was before me in early December and it came back the first week in March — for three months, and you are going to come and tell me that ’bout April? This is a case where when I spoke to the probation officer; I said to her, ‘Madam, whatever was done wrong is not my concern right now, it’s how to repair it. So, I need the report. We are coming back on Monday morning. For someone to come and tell me that your department is not aware of it is shocking, to say the least. He has been in custody and I know you know that when people are in custody they get priority,” Ellis said.
Caine was on bail for eight years; however, it was revoked by Ellis on December 13.
The probation officer was not the only one on the receiving end of the judge’s ire. When Caine was brought before the court at 10:34 am, he was observed wearing a white T-shirt and blue shorts, and this did not escape the judge’s attention.
“I want to know why Mr Caine knows he’s coming to court today and he’s not properly dressed for court?” she asked.
In response, an attorney who requested anonymity and appeared in the matter in place of Caine’s defence counsel Valerie Neita-Robertson, KC, told the judge that Caine had a bandage on his left leg. However, he did not clarify whether this bandage prevented him from wearing pants.
The attorney also revealed that Caine had been released from Kingston Public Hospital on Saturday.
“So he had Saturday and Sunday to get dressed for court. Why is he coming here in short pants? Is it because [of] some reason he can’t wear regular clothing or is it that the police are ignoring their responsibility to have the defendant come before me properly dressed? The fact they are in custody has nothing to do with it,” Ellis said.
She further stated that if he did not have “proper clothes”, the State could have provided him with some.
“Nobody here is saying persons must only [wear] prisoner clothes. They are allowed to put on their business suits if they want to. This man has always come to court properly dressed. So, why now he’s coming here and he’s looking different? He should be allowed his dignity to come to court properly dressed,” Ellis said.
Kartel, whose given name is Adidja Palmer, was ultimately found guilty along with Kahiro Jones, Andre St John, and Shawn Campbell for killing Clive “Lizard” Williams in August 2011, at a house in Havendale, St Andrew.
