By Barbara Gayle, Staff ReporterMR. R.N.A. Henriques, Q.C., submitted yesterday that what former Resident Magistrate Norma Von Cork and her co-convicts did was not an offence in law.
He cited several cases and told the Court of Appeal that he was unable to find any case which would put the appellants' case into the category of perverting the course of public justice.
On Tuesday, the Court of Appeal insisted that Mr R.N.A. Henriques, Q.C., should not "skim over" the facts of the case.
The court made the comments while Mr. Henriques argued that all Radcliffe Orr, one of the co-conspirators, did was to plead guilty to the ganja charges before Mrs. Von Cork in the Mandeville Resident Magistrate Court in 1997. Mr. Henriques said that did not constitute the offence of perverting the course of public justice. "The evidence must conform with the charge," Mr. Henriques submitted.
"You want to skim over it by saying that all he did was plead guilty. I want you to face up to it in your submissions, " the Hon. Ian Forte, president of the Court of Appeal remarked. Mr. Justice Ransford Langrin and Mr. Justice Seymour Panton are also hearing the appeal.
"I am not skimming over it," Mr. Henriques replied.
Mr. Justice Forte had remarked earlier on during the case that the prosecution was saying that much more was done than just pleading guilty. He said the prosecution was saying that people got together to create a scenario where a particular person would be arrested, found with drugs and express involvement in another case. Mr. Forte said the prosecution was further saying that they engaged the person for reward to plead guilty to the offence when they all knew that the man did not commit the offence.
"I am putting it to you because I need answers," Mr. Justice Forte said.
Mr. Henriques submitted further that, according to the Crown's case, people got together to induce one of the appellants for reward to plead guilty to offences. Mr. Henriques said the indictment stated that the man pleaded guilty to the offence and there was no evidence of any act by any of the appellants after that. Mr. Henriques said what was done could not relate to perversion of justice.
Mrs. Von Cork, Christopher Moore, a 26-year-old Kingston businessman, Constable Morris Thompson, Radcliffe Orr, labourer of Trench Town, Kingston, and Clive Ellis, of Thompson Pen, St. Catherine were convicted on April 28 last year of perverting the course of public justice. Moore was sentenced to 10 days in jail because he was in custody awaiting trial for a long time. The others were each sentenced to 12 months imprisonment at hard labour.
Ellis absconded bail before the trial began and was tried and convicted in his absence. A warrant has been issued for his arrest.
Mrs. Von Cork and Orr are on bail awaiting the outcome of the appeal. Moore and Thompson have served their sentences.
Evidence was given at the trial last year that they all conspired to have Orr plead guilty to possession of ganja for which Christopher Moore and Brian Bernal, an architecture student, were convicted of in March 1995. Orr pleaded guilty to the charge in the Mandeville Resident Magistrate's Court in 1997 and Mrs. Von Cork jailed him for nine months.
Resident Magistrate Almarie Haynes, in sentencing the appellants, found that Orr's confession was manufactured and was in furtherance of a scheme to cast doubt on the validity of the convictions of Moore and Bernal. When Orr pleaded guilty Moore had not started serving his sentence as he was then a fugitive. The main witness for the prosecution was District Constable Ron McLean who was Mrs. Von Cork's orderly.
The hearing continues today in the Court of Appeal and is expected to last two weeks.
