Grenada¹s
Director of Public Prosecution Christopher Nelson has made an oral
application to Chief Magistrate Patricia Mark to set aside a summons
issued that mandates him to appear before the Court as a witness
in a matter he is prosecuting.
Nelson made his first court appearance before Chief Magistrate Patricia
Mark last week Friday, after being summoned as a witness in a case
involving Frederick Bala Noel, a security officer attached
to Prime Minister, Dr. Keith Mitchell.
The charge lain on Balla is that on September 2, 2005 he intentionally
and unlawfully caused cause grievous harm to a resident of San Souci
by shooting him in the hand. The preliminary inquiry into the matter
commenced with one witness being called to the stand.
The summons to the DPP was issued based on a written application
made by counsel for the accused, Vanessa Francis-Banfield. After
hearing arguments, the magistrate reserved the decision on the summons
until April 24 when the inquiry is expected to continue.
In commenting on the issue, Nelson said, it¹s the first
time to my knowledge that a sitting DPP and Counsel who is actually
prosecuting a criminal case, is being summoned as a witness in the
very case. ...It¹s the first time I¹m hearing
of that happening anywhere in the world, he remarked.
Nelson pointed out that in issuing a summons for a witness, care
should be exercised. In addition, he said that the magistrate is
required in law to exercise judicial discretion when issuing a summons
for a witness.
He stated that anyone requesting a witness must think carefully
and consider whether that witness can give material evidence. H
According to Nelson, he is being called as a witness when he does
not even know the parties involved except the defendant whom he
only knows because of his job.
Nelson felt that his colleague lawyer seems to be persistent in
some type of manoeuvre to put him on the witness stand in a preliminary
inquiry. It is pitiful, I do sincerely hope that Her Worship
will review the authorities that I submitted to her, and consider
the exercise of a judicial discretion carefully, he said.
Nelson indicated that if the summons is not set aside on the next
occasion he will move speedily before the high court to have it
upset.
Commissioner of Police Winston James has also been summoned to appear
as a witness in the preliminary hearing in the Balla¹s
case. |
