Maitland frustrated by Crown’s document delay
Published:Friday | February 10, 2023 | 1:44 AMKimone Francis/Senior Staff Reporter
Lawyers representing Noel Maitland, the police constable accused of murdering his girlfriend, Donna-Lee Donaldson, say their client is “frustrated” with the delays and have argued that “justice delayed is justice denied”.
Attorney Chadwick Berry has accused the prosecution of withholding documents needed to advance their case.
“We’ve been asking for documents since time immemorial and we haven’t received them. Today, we’ve received documents in court, so his frustration is understandable. ... We want to see all the documents that they have.
“... We’ve called several times to say, ‘Please give us the documents so that we can speak with our client’ and we’ve been receiving the documents in a piecemeal fashion,” Berry told The Gleaner.
Maitland on Thursday sighed heavily and shook his head after prosecutors told Supreme Court Justice Vinette Graham Allen that they received documents only a day before what should have been the plea and case-management hearing.
“We don’t want to have the matter drawn out. We want to see what’s there. We want to set a trial date if needs be.
“He’s in custody. He’s been languishing in custody, and he is a police officer so ... ,” Berry said, his voice trailing off.
Justice Graham Allen on Thursday blasted police investigators assigned to the case for failing to submit documents to the prosecution in a timely manner, 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 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.
The judge noted that an extension had been granted and an order made for outstanding statements to be submitted by November 11, 2022.
She warned prosecutors, asserting that compliance with court orders was mandatory.
At the same time, Berry signalled the defence’s intention to reapply for bail.
Berry noted, without giving details, that Maitland had communicated some challenges.
Maitland, who is charged with murder 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 were 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.