Withholding of documents delays Noel Maitland case
KINGSTON, Jamaica — The withholding of several documents from the defence resulted in proceedings in the Noel Maitland matter being stood down in the Kingston and St Andrew Parish Court on Monday morning.
Maitland, a police constable, is charged with murder in connection to the disappearance of his girlfriend and social media personality, Donna-Lee Donaldson.
When he appeared in court on Monday, it was revealed that several documents were not presented to his attorney, who is still expected to submit a bail application later in the day.
Attorney-at-law Kaysian Kennedy Sherman, who appeared in place of lead defence attorney Christopher Townsend, told the court that she was unable to make a bail application for her client at the time the matter was mentioned because she had not been served with the requisite documents which would influence the approach she would take during the application.
A representative from the Office of the Director of Public Prosecutions (ODPP) told the court that the decision to withhold certain documents, including statements from Donaldson’s mother Sophia Lugg, was done to protect the witnesses.
With only partial disclosure made for the case to be tried, Kennedy Sherman confirmed that a total of 10 statements were not disclosed, and despite requesting the documents as late as Friday, they were not provided, with the ODPP stating that partial disclosure is all that can be provided at this time.
The representative of the ODPP stated that a total of 14 statements have already been disclosed, including the preliminary report, forensic report, statements from police officers, including the investigating officer and question-and-answer interview with Maitland.
The representative of the ODPP also told the court that a number of the witness statements were not disclosed because they revealed information that could hinder the “ongoing investigation and the witnesses needed to be protected.”
However, seemingly displeased with the turn the case has taken, Senior Parish Judge Lori-Ann Cole-Montague said “some of what has been said is novel. The prosecution is under a duty to disclose.”
“The court had names submitted of the witnesses. These are real names, so that much details have been given,” she added, while noting that attorneys are aware of the steps needed to protect the witnesses.
Reminding the prosecution that the court set this date for bail application, Cole-Montague said the accused must be heard, stating that “prosecutors must be guided by a different code.”
Maitland first appeared in Court on Friday, August 12.
READ: Maitland remanded until August 22
Police reports indicated that on July 11, about 10:00 pm, Donaldson was picked up at her house by Maitland in a black BMW motor car to spend the night with him at an apartment located at Chelsea Manor.
However, Donaldson’s mother, Sophia Lugg, reported to police that she had not seen or heard from her daughter, on July 12.
Deputy Commissioner of Police Fitz Bailey announced Maitland’s murder charge at a press conference earlier this month following mounting pressure from the public demanding answers to Donaldson’s disappearance.
READ: Cop boyfriend charged with murder in Donna-Lee Donaldson case
In that correspondence, Bailey said investigators have theorised that Donaldson was murdered between 4:00 pm and 8:00 pm on Tuesday, July 12.
-Candice Haughton