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Contempt of court case stood down until next year

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Geoffrey Farquharson

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

JUSTICE Bernard Turner stayed his hand for two months on the question of what action, if any, the court will take regarding Geoffrey Farquharson’s conduct during the Marco Archer murder trial.

Yesterday, when Farquharson was asked by the judge to explain what he purportedly did while representing Kofhe Goodman in the trial, the attorney informed the court that he was unaware of the nature of the proceedings.

Mr Farquharson asked that the court stand the matter down for a time, as he is currently dealing with his client’s appeal.

Justice Turner obliged the request and adjourned the proceedings to February 4, 2014.

Outside court, The Tribune spoke to Garvin Gaskin, Deputy Director of Public Prosecutions, who was present in yesterday’s proceedings alongside Neil Braithwaite and Darell Taylor.

“Our position is potential contempt proceedings and appeal are two distinct processes,” the DDPP said.

“Clearly something that comes out of the trial may be, by virtue of that, connected. But even in that connection, it’s still distinct processes” he said.

“And so there’s no need to stay the one dependent on the other. If the judge proceeds in that vein, the process is supposed to be a summary one, summary meaning just stand. Not a long, drawn out process and so there is no need to prolong.”

When asked for a response to what occurred inside the courtroom, Farquharson said: “The difficulty that I had today is that the court is purporting to act in Kofhe Goodman’s trial.

“That is the background against which the court presumes to act. Kofhe Goodman’s trial is over, he has been sentenced. This judge has no further jurisdiction to deal with anything to do with Kofhe Goodman.

“He has the power to initiate contempt proceedings against me but he has not done that. So exactly what it was that was going on in here today, I have no idea.”

Mr Farquharson said no summons “to show cause” or affidavit was presented to him.

He represented 39-year-old convicted child killer Kofhe Goodman between April 17 and August 2.

Goodman was found guilty of killing 11-year-old Marco Archer of Brougham Street and sentenced to death.

Farquharson and Justice Turner had many tense exchanges during the trial.

In one instance on July 18, Justice Turner told Farquharson that he was in contempt of court because of his conduct and choice of words.

The lawyer appeared to be angry over his missing notes and exclaimed that the Bahamian people were wondering what was going on in the trial.

He said they needed to know what Bernard Turner was doing.

“You are in contempt of court!” Justice Turner told the lawyer.

“Very well, m’Lord, if that’s what the court believes, the court knows what to do!” the lawyer replied.

The judge, however, said the court would stay its hand at the time “in the interest of justice to your client”.

He gave Mr Farquharson 45 minutes to get the notes he needed to question forensic analyst Marisa Roe, who was to give evidence through live link video-conferencing.

Three weeks before this, Mr Farquharson applied for the judge to recuse himself from the case because of what the lawyer claimed was a conflict of interest.

However, the judge dismissed the application and the subsequent request for Mr Farquharson to withdraw as Goodman’s attorney.

Goodman is appealing his conviction and death sentence.

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