Judge blasts police for causing delay in Noel Maitland case
Supreme Court Justice Vinette Graham Allen this morning blasted police investigators assigned to the case for murder-accused Constable Noel Maitland after prosecutors disclosed that they received new documents only yesterday, causing the plea and case management hearing to be delayed until June.
Graham Allen expressed disgust at the development, arguing that she has consistently instructed that whenever a date for a plea and case management hearing is set, outstanding documents must be given to prosecutors in due time to ensure disclosure of the material before the hearing.
The judge said that this would allow defence attorneys to examine the material and have further discussions with Maitland.
“When it is done in this way, what it means is that the process leading up to the trial would not be fair. And so, disclosure must be made at an appropriate time. It can't be made on the eve of case management hearing,” Graham Allen charged.
“I am tired of making this statement in court. It cannot happen and ought not to happen… I am disgusted!” she added.
She noted that an extension had been granted and an order made for outstanding statements to be submitted by November 11, 2022.
In the meantime, attorneys representing Maitland signalled their intention to reapply for bail.
Defence lawyer Chadwick Berry noted that Maitland had communicated some challenges.
Maitland, who is charged with the murder of his girlfriend, Donna-Lee Donaldson, and preventing the lawful burial of a corpse, was denied bail when he appeared in the Home Circuit Court on October 13.
Graham Allen, at that time, denied the application on the basis that the court was satisfied that there are substantial grounds to believe that Maitland would abscond and that he may interfere with witnesses.
On Thursday she noted that the renewed bail application must be accompanied by a sworn affidavit from Maitland.
He was remanded until June 12 when the plea and case management hearing is expected to begin.
She ordered that all outstanding materials, reports and items are to be submitted and disclosed on or before May 26.
- Kimone Francis
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