Witness fear claim jolts Maitland case
Published:Tuesday | August 23, 2022 | 12:10 AM
Prosecutors came under fire on Monday as six witness statements in the Noel Maitland murder case were withheld from being served on the defence because of an alleged attempt to pervert the course of justice in at least one instance.
Maitland, a police constable, has been in custody since his arrest on July 27 in relation to the initial disappearance and suspected murder of his girlfriend, social-media personality Donna-Lee Donaldson.
Parish Judge Lori-Ann Cole Montague held the middle ground as the Crown and the defence traded arguments which derailed a scheduled bail application.
Maitland was further remanded until September 16 when the bail application is expected to be heard.
The partial disclosure to the defence includes nine police witness statements; two civilian statements, including that of the mother of the presumed deceased, and five crime-scene discs.
The Crown said they were constrained not to make the disclosures because doing so could undermine the case.
“... This is an ongoing investigation, and those statements reveal certain information that the Crown is concerned will jeopardise the state of the investigation, even at this moment, and some of those statements also we are seeking to protect the sources,” the Crown counsel said, having sought instruction from the director of public prosecutions.
But that position was questioned by Kaysian Kennedy-Sherman of Maitland’s defence team.
The prosecution said they intended to enter a nolle prosequi to have the case against the policeman transferred from the Parish Court to the Home Circuit Court.
They argued that the contents of the preliminary report, though absent of statements, ought not to prevent the defence from making an application for bail.
However, Kennedy-Sherman said she did not have the liberty to rely solely on the summary outlined.
“It is what it is ... . But unfortunately for me, I have certain obligations to my client that must be met, and whilst my friend is saying it is not their position to curtail the defence, I do not stand in a position where I can say that is not being done having not had sight of the document myself,” she said.
Describing elements of the prosecution’s arguments and strategy as “novel”, the parish judge said that while she was aware of special measures to ensure the safety and security of state witnesses, the Crown had an obligation for full disclosure.
Judge Cole Montague said that Maitland’s counsel should have been placed in a position to make a decision for the scheduled bail hearing. The judge said that any concern held by prosecutors could have been advanced in the bail hearing where its credibility could be tested.
Citing “a challenge with the posture of the prosecution”, Judge Cole Montague also noted that the real names of some witnesses were submitted in the preliminary report.
“I’ve never had this sort of challenge in my judicial career, which didn’t start yesterday ... .
“I am having a challenge because even in terms of the witness [initials redacted], there have been no attempts previously to shield the names ... . They have already been disclosed, so they know who the witnesses are ... ,” the judge said, adding that the horse had already gone through the gate.
However, the Crown counsel insisted that there had already been at least one instance of interference with witness.
“That witness is extremely fragile, even with respect of his employment. He has not showed up for days, I am told, because of certain steps that were allegedly taken as it relates to him and the defendant in this matter,” the Crown counsel said.
The prosecution sought to have the matter listed again for Thursday, but Kennedy-Sherman, who was sitting in for Christopher Townsend, said they had obligations to other clients.