Criminal case against Ruel Reid, Fritz Pinnock to go ahead following court ruling

Former Education Minister Ruel Reid and former Caribbean Maritime University (CMU) President Fritz Pinnock were today dealt another blow after the Full Court refused their application to quash Chief Parish Court Judge Chester Crooks' ruling that they have a case to answer in the multimillion-dollar fraud matter.

The two had sought a judicial review of Crooks' February 2021 decision claiming that the judge should not have ruled in the matter as he had admitted to a conflict of interest. 

But Justice Cresencia Brown Beckford in handing down the ruling this morning, said "the Court finds that the claimants have not satisfied the court on a balance of probabilities (the standard of proof used in civil law cases) that the inferior tribunal was biased."

Furthermore,  she added that "The Court considers that the fair-minded and informed observer, who is also sensible and rational would not, on this evidence of a scant acquaintance, many years ago, reasonably apprehend that the learned CJPC (Chief Parish Court Judge) did not bring an impartial mind to bear on the adjudication of the case." 

Given this position, she also noted that the non-disclosure of the nature of the judge's knowledge of Reid was of no consequence.

The judge, who had decided on the matter along with Justices Lisa Palmer Hamilton and Trecia Hutchinson Shelly, said there was no evidence that they had any specific interaction or association when they were in school many years ago.

Neither was there evidence of a personal or acrimonious relationship.

The judge also indicated that the claimants had not objected prior to hearing of the application.

This, she said, could be construed as an unequivocal waiver of their rights to further information.

At the same time the judges found that there was a failure on Crooks' part in not providing full disclosure.

But she said Crooks by nature of his training, would have disabused his mind of 
any irrelevant personal beliefs or predisposition and set aside any unconscious bias.

In the meantime, the judges lifted the stay of proceedings on the criminal aspect in the Kingston and St Andrew Parish Court while ordering that every effort should be made for the matter to be set for the earliest trial date.

Reid's wife, Sharen; their daughter, Sharelle; and Jamaica Labour Party Councillor for the Brown's Town division Kim Brown Lawrence were also charged in the matter involving nearly $50 million, which was allegedly diverted from the CMU.

Crooks' ruling was in response to a preliminary objection raised by Reid and Pinnock on the basis that the charges against them should be nullified as the Financial Investigations Division (FID), which levelled the charges, had no authority in law to arrest or charge them.

The matter first went to judicial review and was heard before a single judge in February of this year, but another hearing was reordered after the court came to the realisation that the matter should have been heard before a three-judge panel.

The matter was subsequently heard on May 7 and 8.

The lawyer for the Attorney General's Department, in the first judicial review hearing, had urged the judge to strike out the claimants' case, arguing that it was purely an academic exercise.

The accused are facing a range of offences, including breaches of the Corruption Prevention Act, conspiracy to defraud, misconduct in a public office at common law and breaches of the Proceeds of Crime Act.

Attorney-at-law Hugh Wildman and Luke Foote represented Reid and Pinnock.

-Tanesha Mundle

Follow The Gleaner on Twitter and Instagram @JamaicaGleaner and on Facebook @GleanerJamaica. Send us a message on WhatsApp at 1-876-499-0169 or email us at onlinefeedback@gleanerjm.com or editors@gleanerjm.com.