The Tribune

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

FORMER PLP Senator Frank Smith’s bribery and extortion trial had to be relocated yesterday due to a three-week long air conditioning failure at the Magistrate’s Court complex.

The matter will now commence in the courtroom utilised by the Industrial Tribunal, located in the ‘Swift Justice’ building on East Street north, next door to the Central Police Station and near the other Supreme Court buildings.

Chief Magistrate Joyann Ferguson-Pratt was forced to secure the new venue after fielding submissions from lead Crown attorney Edward Jenkins, QC, that proceeding in her courtroom would be “unfeasible” and that he would struggle to concentrate on the trial because of the heat and humidity.

Chief Magistrate Ferguson-Pratt, whose courtroom was stocked with several oscillating fans to mitigate against the heat, suggested her agreement with the English attorney’s sentiments by stating that she was not accustomed to dealing with matters in such conditions.

Smith’s lead attorney, Keith Knight, QC, meanwhile, said while he wouldn’t want others to be uncomfortable, suggested that he was fine with proceeding in those conditions due to his experiences with working in the Magistrate’s Courts in Jamaica, the vast majority of which do not have air-conditioning.

He further stated that his colleagues in Jamaica would be “shocked” at Mr Jenkins’ submissions given their familiarity with working without air-conditioning.

Nonetheless, Mr Knight further proposed to purchase more fans and portable air conditioning units to place in the court so as to have the matter proceed.

However, that proposal in turn led to concerns that placing so many fans or a/c units in the courtroom would generate too much noise, thus impacting the public’s and the press’ ability to hear and follow the proceedings.

And when discussions arose about a replacement venue, the chief magistrate noted that any venue selected would have to be large enough to accommodate both the press and the public.

After a brief adjournment, the chief magistrate indicated that they had found a replacement courtroom that herself, the Crown and the defence had the opportunity to examine during the short break and confirm that it was up to their standards.

The matter was consequently adjourned to today.

Various court officials and attorneys have complained to The Tribune about the lack of air-conditioning throughout the entire Nassau and South Streets court complex over the last three weeks, which have caused staff to work shorter days.

Shortly after Smith’s matter was stood down yesterday, a senior attorney expressed his frustration to The Tribune in having to work without air-conditioning in court three in the court complex, which he said was mould infested.

Concerns were especially raised by court staff stationed in the court rooms without windows, which are notably more humid than those with windows, and especially if they’re fully occupied.

One senior court official, speaking on condition of anonymity, told The Tribune that from his understanding, the issue stems from a faulty part in the complex’s a/c system, which costs over $100,000 to replace.

However, he said whatever the price tag may be, three weeks is too long a time for the building’s a/c unit to be out of commission, and stressed that the discomfort caused is adversely impacting various court matters.

“Justice delayed is justice denied, so we don’t want to deny or delay justice for persons who have issues in the court, whether they’re civil, criminal or any other matter because of the courts not being able to function in the prescribed time that is permitted by law,” the official said.

He added: “I don’t think it should take three weeks to get this part in to fix this. (Even) if they have to send that person away to bring that part in, it shouldn’t take three weeks.”