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PRIDE case ultimatum
Be ready for trial next Monday or have the matter thrown out, judge tells prosecution
VAUGHN DAVIS, Observer staff reporter davisv@jamaicaobserver.com
Tuesday, April 22, 2008

WILLIAMS. facing multiple charges of forgery

GOVERNMENT prosecutors pursuing a multi-million dollar fraud case against controversial businessman Danhai Williams and six other accused persons who have been fingered in the National Housing Development Corporation (NHDC)/Operation PRIDE scandal, were yesterday given an ultimatum by a judge to be ready for trial next Monday or have the matter thrown out.

"It is going to begin on that date, and if it does not begin I am going to2of the matter," presiding magistrate Georgianna Fraser told Senior Deputy Director of Public Prosecutions Lisa Palmer during a hearing of the matter in the Half-Way-Tree Resident Magistrate's Court yesterday.

Palmer told the Observer that the Crown was still having difficulties finding two of their main witnesses - Lloyd McLean and Gerald Tobias - who were both employed to the NHDC, and allegedly signed off on NHDC/Operation PRIDE projects, which are alleged to have cost taxpayers over $450 million. Both men, she told the Observer, had migrated to the United States and even with the assistance of the local police, discovering their whereabouts was proving difficult.

Palmer also said that although she had the option of proceeding to trial without Tobias and McLean - by submitting their sworn statements into evidence under Section 31 of the Evidence Amendment Act - it was necessary to show that all reasonable steps had been taken to produce them for trial.

"As a result of all those factors. the judge was minded to grant us a week," Palmer told the Observer. "This leaves us having just one week to put our house in order, to put up or shut up. the matter has to proceed one way or another or end one way or another."

Yesterday's adjournment continues a long line of postponements in the case, which has been before the courts since 2003. And despite the finger of blame being pointed in the Crown's direction, Palmer was quick to say otherwise.

"The matter has been on the mention list for some time because defence counsel had to be sorted out, statements had to be served, outside of that the information was misplaced, and on more than two occasions there were joint applications for adjournments," she said.

"Defence is also relying on an independent handwriting expert and they needed time to prepare that on their behalf," said Palmer. "Two attorneys withdrew from the case on two different occasions and as a result of that we could not proceed until the legal representation was settled there."

The matter left the mention list and was put on the trial list on October 29 last year, and following discussions between the Crown and defence attorneys the month of April was scheduled for the trial to begin. However, due to the unavailability of Tobias and McLean, the trial has so far been stalled.

Williams and an employee of his Danwill Construction Company, Carl Kirkland, are facing 26 counts of forgery, 28 counts of uttering forged documents, 28 counts of demanding property on forged documents, three counts of conspiracy to defraud, one count of conspiracy to deceive and one count of obtaining money by means of false pretences, arising out of the scandal.

Of the remaining accused, Warren Sibbles is charged with three counts of fraud; Wayne Nash is facing 14 counts of fraud; Eujenny Porter is facing 13 counts of fraud; Donovan Hill is facing two counts of fraud; and Dwight Dawkins is facing two counts of fraud..


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