Defence lawyer Tamika Harris, in urging the court to grant bail to former Stocks & Securities Limited (SSL) client care manager Jean-Ann Panton, today argued that the police will not be able to adequately meet her "delicate" medical needs and care should she remain in custody.
Wheelchair-bound Panton, who is implicated in the multibillion-dollar alleged fraud at the investment firm, was this morning slapped with three counts of breaches of the Larceny Act, five counts of forgery, five counts of uttering forged documents, three counts of falsification of accounts, three counts of engaging in a criminal transaction and three counts of breaches of the Cybercrimes Act.
During a bail application in the Home Circuit Court today, Harris urged the judge to consider offering Panton bail on account of her complex medical issues and that she is not a flight risk.
Harris told the court that her client, who was born with a dislocated hip, has been struggling with health challenges since age 2 and recently underwent her last surgery.
"She had a series of 25 surgeries,” the lawyer told the court.
Harris further argued that based on the two medical reports that she had submitted, it is evident that her client is not mobile.
Harris further pointed out that the police had visited her client's house and would have seen evidence of her immobility including a medical aide that was placed in her bathroom because she is unable to stand.
"She requires wheelchair assistance and the use of a walker as part of her rehabilitation and she has also had side effects from the antibiotics prescribed which makes balancing challenging," the lawyer added.
However, she said the antibiotics were discontinued last November and that a tube was removed but she continues to have lingering effects.
Harris also told the judge that her client has to self-administer insulin injections half an hour before meals and that that medication has to be refrigerated.
"The last surgery that she did she got an infection and that made her prospect of recovery more difficult.
"And it can hardly be said that the environment in a cell would be sterile," Harris said while also questioning whether the police station will be able to keep her insulin refrigerated for her needs.
"All those delicate care, it is very unlikely that a police station will be able to do so," the lawyer argued.
The judge, in responding to Harris, pointed out that the report only speak to Panton being diabetic and the last surgery that she did.
Justice Shelly Williams stressed that the report did not indicate that Panton could not walk or stand.
"I am not saying that you can't put forward all of this but if you are going to do that you need a medical report that supports your position," she said.
Responding, Harris agreed to provide the court with a comprehensive report.
She, however, stressed that her client is a fit and proper candidate for bail and that she is willing to face the music and to answer the charges.
Harris said her client had surrendered her travel documents to the police from January 13, thus demonstrating that she is aware of the magnitude of the issues and has no intention of running away from the charges.
The prosecutor, in response, said while the Crown had no position on bail, the police had confirmed that she had turned over her passport and also that she has cooperated and has made herself available when needed.
The judge, however, noted that reports were lacking and remanded Panton for her lawyer to produce another report.
Panton is accused of defrauding 39 SSL clients out of millions of United States dollars including retired Jamaican sprint legend Usain Bolt and his former manager Norman Peart.
The prosecutor, in outlining the allegations, said Panton was charged in relation to three clients so far and that the figure amounted to a total of US$6.3 million.
The court heard that four more clients have come forward and that the police are to collect their statements.
In the meanwhile, the court heard that Panton had admitted to stealing from the account of Bolt's company from as far back as 2012 and that in January she went to a director to clear her conscience and confessed.
At that time, she reportedly asked for a loan and offered her expertise in investment.
- Tanesha Mundle
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