Balla
is making moves to get the Director of Public Prosecutions to appear
as a witness in his shooting case
Director of Public Prosecutions, Christopher Nelson has branded
as nothing but legal incompetence a move made by a female defense
lawyer on the island to summon him as a witness in a case that he
is prosecuting on behalf of the State.
Nelson made the statement to GRENADA TODAY after he was asked to
react to a Summon served on him Monday in a case involving Frederick
"Balla" Noel, a key member of the Personal Security Detail
of Prime Minister Dr. Keith Mitchell.
Balla is being represented by rookie lawyer, Venescia-Banfield who
lives in the well-to-do area of Lance Aux Epines in St. George's.
She was brought into the case after attorney-at-law, Derek Sylvester
rejected efforts being made by Balla and government's Legal
Advisor, Hugh Wildman of Jamaica to ask him to challenge the status
of Nelson as DPP.
The charge filed against Balla is that on September 2, 2005 he did
"intentionally and unlawfully cause grievous harm" to
San Souci resident, Arthur Noel" following a lover's quarrel
at the Bocas in St. George's.
The PM's security officer allegedly shot Arthur in the hands
with his service revolver. Nelson said he found the application
made to summon him to appear as a witness by the defense as absurd
and ridiculous since he is the one (as DPP) who is "saying
that there is a case against this man (Balla) and they want me to
be a witness".
"It makes absolutely no legal sense", said Nelson who
has been occupying the DPP chair for the past six years. According
to Nelson, there must be some "ulterior motive" or an
attempt to make "mischief" on the part of those making
the move to haul him before the court as a witness in a matter that
he is the Chief Prosecutor.
Nelson would not categorically state whether he would submit himself
to the summon that was served on him. The DPP said that he would
reserve whatever action he intends to take until Friday, the next
scheduled date for the hearing of the Balla shooting case before
Chief Magistrate Patricia Mark.
However, he made it clear that "I am prosecuting counsel who
have actual conduct of the Prosecution Case in the Preliminary Inquiry
against the accused". "So I am going before the Magistrate
as Counsel", he quipped.
Well-placed sources also confided to this newspaper that Commissioner
of Police, Winston James was also summoned by Francis Redhead to
appear as a Witness in the case brought by the police against Balla.
Speculation is rife that the Keith Mitchell-led New National Party
(NNP) government is trying to remove Nelson as DPP. During the 2006
Budget Debate, Prime Minister Mitchell likened Nelson to be "a
friend" of the main opposition National Democratic Congress
(NDC) of Tillman Thomas.
A number of local attorneys have signalled their intention to appear
in Court on Friday to witness the encounter between Nelson and Balla's
lawyer on the attempt to summon the DPP to attend the sitting as
a witness. |
