'Sick' prosecutors cause retrial for murder accused
Published:Tuesday | March 15, 2011 | 12:00 AM
Barbara Gayle, Staff Reporter
Supreme Court Judge Donald McIntosh discharged the jury and ordered a retrial for two men who had been on trial for the last three weeks because no prosecutor was present at 10 a.m. when court commenced.
By about 10:15 a.m., a new trial was ordered for the men who are charged with murder as the judge was not aware of a sick-out that was being conducted by prosecutors.
The judge's decision has sparked criticism in legal quarters.
"It is really not fair for the two accused men and the witnesses to go through another trial," an attorney remarked. The lawyer argued that the case could have been adjourned for later in the day, or even the next day, for the judge to ascertain what was happening.
Some prosecutors who heard about the outcome were upset because they said the case was put on the trial list as priority as there were 23 trial dates because of the difficulty the police had in getting the witnesses to attend court.
"It is outrageous that a retrial has been ordered," a prosecutor remarked.
When Senior Deputy Director of Public Prosecutions Caroline Hay went to the Home Circuit Court at 10:20 a.m. to inform McIntosh of the sick-out, he remarked that he had started court at 10 a.m. The judge said that up to 10:15, no prosecutor was in court and so he ordered a retrial.
Disappointed
Attorney-at-law Kathy Pyke, who is prosecuting the case, was disappointed to learn of the outcome when she turned up at 10:30 a.m.
Pyke had examined nine of the 12 Crown witnesses and the Crown was expected to close its case this week.
The accused men are Omfroy McLean and Romeo Simms. They are to return to the Home Circuit Court on April 1 when their case will be mentioned.
They are charged with the murder of senior citizen Linton Haniford.
Haniford was shot dead during a robbery at a bar in York Castle district, St Ann, in April 2004.
The allegations are that a group of men went to a bar in York Castle district on April 23, 2004. Patrons were ordered to lie on the floor and were robbed of money and cellular phones. When the men were leaving they fired shots, one of which struck Haniford.
The case was transferred last year from the St Ann Circuit Court to the Home Circuit Court and placed as priority on the court list.
Prosecutors at the Office of the Director of Public Prosecutions went on sick-out yesterday because they said they were overburdened with work and the Government has refused to deal with the issue of increased salary and allowances.