Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
    • Business Bites
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • Videos
  • Career & Education
  • Classifieds
  • All Woman
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Design Week
Defence claims ambush
DONALDSON... missing and presumed dead
News
Jason Cross | Reporter  
August 23, 2022

Defence claims ambush

CONSTABLE Noel Maitland’s defence attorneys were taken by surprise in the Kingston and St Andrew Parish Court on Monday by the prosecution’s unwillingness to disclose certain documents, which prevented them from applying for bail on behalf of their client in his murder case.

Maitland was charged with murder in the case of his missing girlfriend, Donna-Lee Donaldson, who was last seen at his Chelsea Manor apartment in St Andrew on July 12.

The prosecution cited witness safety and the potential for interference with witnesses as reasons they did not wish to disclose the documents. They also indicated their intention to have the matter transferred to the Home Circuit Court next month.

Kaysian Kennedy-Sherman, attorney-at-law sitting in for lead defence counsel Christopher Townsend, told the court that she did not have the liberty of relying on the summary outlined by the prosecution in the preliminary report in circumstances where it is clear there are other documents “that can be disclosed on the defence but are not being disclosed at this time”.

Kennedy-Sherman further told the Jamaica Observer that she had intended to make a bail application but, unfortunately, the prosecution did not disclose several documents despite a request made two weeks ago.

“It is quite disappointing. We are taken by surprise. This is something I have never experienced in all my years of practice. They have chosen not to disclose certain documents. They have also indicated their reason but the court, in its own assessment of the matter, has indicated that it was not satisfied with those reasons, and so we were ambushed. The Crown has indicated that it intends to have the matter transferred to the Home Circuit Court on September 16 but, in keeping with our obligations to our client, we have to wait on the proper documentation before making an application. We do not have a full view of the matter and so it would have been irresponsible of us to proceed,” she pointed out.

Inside the parish court on Monday the prosecution told the judge that they have consorted with their seniors at the Office of the Director of Public Prosecutions and, at this juncture, are not in a position to make additional disclosure as it relates to civilian witnesses. The prosecution added that they certainly will not seek to curtail the position of the defence or the extent to which they pursue their application but, as it relates to safeguarding witnesses and ensuring the investigation is not thwarted, they would be concerned if the statements are disclosed.

The prosecution added that it will be relying on the preliminary report and said the substantive nature of what is obtained in those statements include DNA analysis, cyber forensic evidence, and witness timeline evidence as it relates to certain factual circumstances. The factual circumstances surround the apartment where it is believed Donaldson was killed, which turned out to be where Maitland lives.

The prosecution said there were no identifying witnesses, meaning there was no one who witnessed the actual murder of Donaldson, but enough was available to rely on circumstantial evidence.

Senior Parish Court Judge Lori-Ann Cole-Montague, however, took the prosecution to task, stating that it couldn’t be that the majority of the witness statements could not be disclosed.

“This doesn’t sit well with the court because the duty to disclose is not a discretionary duty — it is a duty that every prosecuting counsel has. There have been things happening recently in terms of prosecutors going to different places. If I were a prosecutor I would perhaps tread very carefully to ensure that my duty as prosecuting counsel is discharged. Not to say that there is no respect or regard for seniors, but when you stand in court as prosecuting counsel, or any of the clerks on this building, I expect them to be strong and stand on their own feet and act with conviction — regardless of what anybody else wants to say.

“Recognise the climate in which we operate. When things are shrouded in secrecy it allows for distrust. People might have their view of the defendant, but the man must be heard and the circumstances being heard must be fair. It must not be that somebody has something that could perhaps assist him and it is being withheld. I am having a challenge with the position of the prosecution and I have never had this sort of challenge in my judicial career — which didn’t start yesterday,” Cole-Montague said.

The matter returns before Cole-Montague on September 16.

{"website":"website"}{"jamaica-observer":"Jamaica Observer"}
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Rubio says US not directly involved in Flavio Bolsonaro’s flight from Brazil
International News, Latest News
Rubio says US not directly involved in Flavio Bolsonaro’s flight from Brazil
October 31, 2026
ATLANTA, United States (AFP) -- US Secretary of State Marco Rubio said Saturday that Washington was not directly involved in Flavio Bolsonaro's arrang...
{"jamaica-observer":"Jamaica Observer"}
Future Fambo and Sean Paul double up With ‘Money Money’ and ‘Rong Bong’ video premiere
Entertainment, Latest News
Future Fambo and Sean Paul double up With ‘Money Money’ and ‘Rong Bong’ video premiere
October 31, 2026
Dancehall star Future Fambo is doubling up with his latest project, literally. He is bringing double the music, while saluting a superstar who has sto...
{"jamaica-observer":"Jamaica Observer"}
Cholita encourages listeners to embrace attraction on new single ‘Higher’
Entertainment, Latest News
Cholita encourages listeners to embrace attraction on new single ‘Higher’
October 31, 2026
Fresh from winning the 2026 Caribbean Music Award for Best New Artiste (Reggae), singer Cholita has dropped her latest single titled Higher , which wa...
{"jamaica-observer":"Jamaica Observer"}
Africa suffering in ‘strongmen’ era, says governance watchdog Mo Ibrahim
International News, Latest News
Africa suffering in ‘strongmen’ era, says governance watchdog Mo Ibrahim
October 31, 2026
NAIROBI, Kenya (AFP) -- Democracy and rights are declining in Africa as leaders take their cues from the rise of strongmen in other parts of the world...
{"jamaica-observer":"Jamaica Observer"}
UK PM ‘open’ to slavery apology but not reparations
International News, Latest News
UK PM ‘open’ to slavery apology but not reparations
October 31, 2026
LONDON, United Kingdom (AFP) -- Prime Minister Andy Burnham said Saturday he was "open" to the UK issuing a formal apology for its role in the transat...
{"jamaica-observer":"Jamaica Observer", "breaking-news":"Push Notifications"}
Chelsea defeat pushes Carrick closer to Man Utd exit
Latest News, Sports
Chelsea defeat pushes Carrick closer to Man Utd exit
October 31, 2026
LONDON, United Kingdom (AFP) -- Michael Carrick's stay of execution as Manchester United boss may not last long after his team imploded in a 2-0 Premi...
{"jamaica-observer":"Jamaica Observer"}
China state TV does not air first La Liga games since Mbappe furore
International News, Latest News, Sports
China state TV does not air first La Liga games since Mbappe furore
October 31, 2026
BEIJING, China (AFP) -- Chinese state television did not air on Saturday the first La Liga games since Real Madrid star Kylian Mbappe caused anger wit...
{"jamaica-observer":"Jamaica Observer"}
Udinese striker Davis eyeing Reggae Boyz spot
Latest News, Sports
Udinese striker Davis eyeing Reggae Boyz spot
October 31, 2026
Udinese striker Keinan Davis says discussions have taken place about representing Jamaica, but the England-born forward is still awaiting the completi...
{"jamaica-observer":"Jamaica Observer", "breaking-news":"Push Notifications"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct