A SUPREME Court judge yesterday expressed concern about the frequent applications for adjournments of criminal cases which he said were only "clogging" the court list.
Justice Mahadev Dukharan made the comment in the Home Circuit Court, when the Crown applied for an adjournment in the murder case of popular deejay Ninja Man, whose real name is Desmond Ballentine.
The witnesses have not been attending court in the case which has been before the court since 1999.
When the case came for trial yesterday, Crown Counsel, Anthony Armstrong, informed the court that Kent Pantry, Q.C., Director of Public Prosecutions, had suggested that he apply for an adjournment. He said he (Armstrong) had examined the file and made certain recommendations to the DPP. He said the recommendations were considered but the DPP advised of a different way of approaching the matter.
Mr. Armstrong said the DPP had suggested that he apply for an adjournment so that the case could proceed by way of the Evidence Amendment Act. He said in other words the case would be a "paper trial" one as the witnesses could not be found.
He told the court that certain steps would have to be taken so that the witnesses' statements could be tendered in evidence at the trial.
CLOGGING UP THE SYSTEM
However, the judge, who was not in agreement with the request, said he was not giving an adjournment beyond one week. The judge, in referring to frequent applications made for adjournments, said "this is what is clogging the list, time and time again, although it is not the prosecution's fault all the while." He pointed out that the case had come before him a year ago.
Mr. Armstrong asked for a two-week adjournment but the judge said the case was on the court list for this term, which ends on July 31.
Norma Linton, Q.C., who represents Ballentine, had opposed the application for an adjournment.
The judge adjourned the case to next week Wednesday and warned that the case was going to be disposed of one way or another on Wednesday. The court was adjourned until today because the two other cases set for trial were put off because of absent witnesses and in one case, the lawyer was sick. Ballentine's bail was extended until Wednesday. He is charged with the murder of Anthony White, a 46-year-old taxi driver who was shot dead on Waltham Park Road, Kingston 11 on March 5, 1999. It is being alleged that Ballentine and two other men chartered White's taxi and refused to pay the fare. An argument developed over the fare and White was fatally shot.
When the Easter session opened in April this year, there were 232 cases listed for trial during the term, of which 188 were cases traversed from the previous term which began on January 7 and ended on March 22. Only 51 cases were disposed of during the previous term.
