ATL prosecutors, defence attorneys at odds over calling 'Butch' as witness

Prosecutors and defence attorneys in the billion-dollar Appliance Traders Limited (ATL) pension fund fraud trial sparred in court yesterday over whether ATL boss and the primary complainant, Gordon 'Butch' Stewart, will take the witness stand to give evidence.

The verbal exchange came when prosecutors sought another early adjournment, telling Senior Resident Magistrate Lorna Shelly-Williams that they were having difficulties scheduling their remaining witnesses.

That's when defence attorneys raised questions about whether Stewart will still be called as a witness.

"He needs to go into that witness box and give evidence, that's what he needs to do. Instead, this propaganda sheet is being used to give his evidence," defence attorney K.D. Knight said in reference to an article published in the Jamaica Observer about the case.

'i will decide'

Obviously irritated by Knight's remarks, lead prosecutor R.N.A. Henriques fired back, saying he would review the transcript of the trial "then I will decide who I call as a witness".

"Nobody can compel me to call a witness," Henriques insisted.

Before granting the adjourn-ment, Shelly-Williams cautioned that "we need to have this matter move on in a timely manner".

Another defence attorney, Frank Phipps, took issue with the unavailability of the prosecution witnesses, pointing out that the proper process is for them to be subpoenaed.

"If they don't come, you lock them up. We can't continue like this," Phipps asserted.

"These people have been arrested since April 2011, and they have to be coming to court," he noted.

The trial is scheduled to resume on February 10.