The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

JUSTICE Bernard Turner told lawyer Geoffrey Farquharson that he was in contempt of court because of his conduct and choice of words yesterday on the 60th day of the Marco Archer murder trial.

Mr Farquharson, lawyer for murder accused Kofhe Goodman, told the judge that if the court was of that view, “the court knows what to do.” He had requested an adjournment to get his notes to resume his cross-examination of a prosecution witness.

Goodman, 38, of Yorkshire Drive, faces a murder charge, which he denies.

It is claimed that between September 23 and 28, 2011, he caused the death of Marco Archer, 11.

Archer, who disappeared from Brougham Street, was found dead days later.

Garvin Gaskin, Deputy Director of Public Prosecutions, is prosecuting the case with Neil Braithwaite and Darell Taylor.

Yesterday, the lawyer appeared to be outraged 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 on that issue “in the interest of justice to your client.” He gave the lawyer 45 minutes to get the notes he needed to question Marisa Roe who was to give evidence through live link video-conferencing.

Mr Gaskin, the case’s lead prosecutor, submitted that the matter should resume as Mr Farquharson was quite aware of what was happening.

Justice Turner adjourned the court to 11:45am to give Mr Farquharson time to get his notes.

However, Mr Farquharson did not return to court until noon when, after conversing with Goodman, he complained to the court that the family of Marco Archer had harassed and chased relatives of the accused from Bank Lane.

He claimed this was not the first time that the family had harassed his client or himself, as they had even done so in court in the presence of the judge.

“Mr Farquharson,” Justice Turner started calmly, only to be interrupted by the lawyer who informed the judge: ”M’lord you are interrupting me!”

“I am not interrupting you,” the judge retorted. He said he was inquiring about the instances that the lawyer had alleged had occurred in his presence.

The angry lawyer, however, continued his complaint about the harassment, adding that while he was being harassed, “you are prepared to send me to jail?”

“At some point there has to be fairness in here!” the lawyer exclaimed.

The judge again tried to address counsel who asked: “You are going to cite me for contempt?”

Justice Turner told the lawyer that he was the one who chose to raise the issue in the presence of the jury and for the record. He noted that while the court did not observe any of what he alleged, the court would inquire about the claims at the appropriate time.

The judge reminded those in court that the courtroom is a public place, but only if it was respected.

“You was trying to lock me up for defending my client!” the lawyer interrupted. He asked the court to get the “troublemakers” to go away.

“Anything further Mr, Farquharson?” the judge asked.

“This is the application of the defence,” the lawyer replied.

“Anything further, Mr Farquharson?” the judge repeated. The lawyer had nothing and the trial resumed.

However, there was another roadblock as Roe did not have a Bible to be sworn in. Mr Farquharson recited Bahamian law that unsworn testimony from the witness by video conferencing would be considered perjury. The judge acknowledged the lawyer’s point before asking the forensic analyst if she could get a Bible.

The DNA expert said it would take an hour to get to the nearest bookstore. The case was adjourned until a Bible was found.

The trial resumes today.