By Wilkie Arthur
Freelance Court Reporter
#TurksandCaicos, June 22, 2023 – Magnetic Media watching for nearly seven hours via YouTube, the final day of closing remarks or speeches to her Ladyship The Hon Chief Justice Ms. Mable Agyemang, on Friday 16th June, 2023.
The Prosecution had the final word or the right to the last reply before the Judge retired to begin her deliberations.
In rendering that ‘last reply’, the Prosecution maintained that despite some of the defense counsels attempts to stop his final words in the judge-only trial, it will be delivered. Additionally, Andrew Mitchell, the defense counsel complained that the court was in breach of her Ladyship previous order/ judgement and in breach of section 42 of the Criminal Procedure Ordinance which gives the Crown the “right of reply” which is the final say to the judge or jury before considering a verdict.
The Hon Chief Justice (CJ) having heard the SIPT lead King’s Counsel prosecutor, questioned, one of the defense King’s Counsel Mr.Earl Witter via link as he was not present in court in person, regarding his correctional response submission and that he did it without leave of the court.
Her Ladyship said to Witter, KC that ‘you were given my orders previously along these lines and this is very disrespectful to me and this court to totally disobey my orders which is in line with the statutory provision.’
Senior KC Witter, when invited to speak by the learned CJ, told her ladyship that he was profoundly sorry and apologizes strongly for his actions against her ladyships’ order. He explained, it was nothing deliberately done.
Her Ladyship then proceeded to ask all the other defense King’s Counsels if they had followed her order; but save for except one, made it clear that he so did. All others were uncertain as to if they did or did not. The CJ then directed that she will disregard and not read any of the defenses’ correctional submissions for now unless she changes her mind later on.
Following this, lead prosecutor Mr. Andrew Mitchell KC, begun to outline his closing remarks in some areas individually regarding each defendant and in some areas collectively.
FLOYD HALL, JEFFREY HALL, MELBOURNE WILSON and CLAYTON GREEN heard the Prosecutor relived this very long case with his presentation to the court. He told the CJ that in her deliberations, she must remind herself of:-
- The defendants’ good character and he provided authoritative guidelines on how she should approach it.
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He reminded her about the burden of proof.
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He reminded her about “lies” and how she should treat lies, also providing her Ladyship with case authorities and support.
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He reminded her Ladyship about delays and how although this trial is many years old, the delays should not affect her judgment or her decision, and he provided case authorities in support of his point.
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He reminded the court that only Mr Jeffrey Hall did not give evidence/testify and that should not be used against him adversely because it was his right to refuse to testify.
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He reminded her Ladyship that each accused must be considered separately on each charge according to the evidence.
We heard about a number of different figures pertaining to the allegations and charges of suspicious and questionable money transactions against the four such as:-
= $77,000.00 (suspicious money transaction)
= $267,000.00 (Loan to Alden Smith aka Smokey)
= $200,000.00 (Deposited into TCI bank)
= $100,000.00 (questionable monies)
And some mentioned in the millions.
In Mr. Mitchell KC closing he asked her Ladyship if she can give a date when she will return with her verdict and she replied you would appreciate the magnitude of the task I have, so I’ll say nothing but when I see my way clear I’ll send word. She then thanked all counsel and their teams from:-
Mr. Andrew Mitchell KC for the crown.
Mr. Earl Witter KC for Floyd Hall.
Mr. Ian Wilkinson KC for Jeffrey Hall.
Mr. Richard Bendall for Clayton Greene.
And
Mr. Alair Shepherd KC for Melbourne Wilson
Corrected: June 26, 2023