Painful birthday
A decision by Supreme Court Judge Vinette Graham-Allen on Thursday to reject a bail application for police Constable Noel Maitland was described as a belated birthday gift by Sophia Lugg, the mother of Donna-Lee Donaldson, whose disappearance has resulted in the cop being charged with murder.
“Wednesday was my birthday, and today’s ruling was one of my birthday gifts,” Lugg said outside the court after the bail hearing.
She said that her daughter, who has been missing for the past three months and presumed dead, had planned to take her to the venue operated by Pollyanna Caterers for her 50th birthday.
“She was more excited than me. She said, ‘It will be your big 5-0 and I am going to do it for you in red-carpet style,'” Lugg stated.
“It is hard to know that she is not here. My birthday on Wednesday was one of the worst, knowing fully well that my daughter was not present. But, Almighty God, my older daughter, along with my other kids made it possible for me,” Lugg said.
“My dear friend Miss Dorothy, from Canada, made it possible for me to have gifts and, of course, my seafood that I love dearly. They gave me a big photograph of Donna-Lee and I was pleased, but the emptiness is still inside. When I hear the door or the grille, I just want to hear Donna. I just want to see her walk up to me,” Lugg told the Jamaica Observer, her voice trembling.
Earlier, Lugg breathed a sigh of relief in court when she heard Justice Graham-Allen telling Maitland — who was dressed in a suit — that he would be remanded in custody and wouldn’t be receiving bail.
Maitland was charged on August 2 with murder. He was also charged with preventing the lawful burial of a corpse, as Donaldson’s body has not been found.
The judge indicated that bail had been denied Maitland on the grounds that it was likely that Maitland would interfere with witnesses and fail to surrender to custody.
“Please stand,” Graham-Allen ordered of Maitland in a stern tone.
The policeman sprung to his feet.
“Your application for bail, made by your learned counsel, is refused. That is the ruling of the court. The prosecution has shown to the court the alleged actions and conduct of the accused prior to his arrest. He attempted to dispose of and conceal potential evidence in this case, aided by other persons who are not before the court,” the judge said.
“Defence counsel informed the court in his submission that the accused has given nine years of service to his country as a member of the Jamaica Constabulary Force. The court is of the view that the accused has used these years of service to aid him in his conduct and action in his attempt to conceal and dispose of possible evidence and interference with witnesses,” Justice Graham-Allen added.
He was ordered to return to court in person on February 9, 2023 to learn his trial date.
Donaldson was last seen in the company of Maitland on July 11 at his Chelsea Manor Apartment in New Kingston, St Andrew. She was reported missing on July 13. According to the police, they found a wealth of circumstantial evidence to convince them that Donaldson was dead and that she was killed between 4:00 pm and 8:00 pm on July 12.
On October 4, during an application for bail, Maitland’s attorney Christopher Townsend said that the prosecution’s case against his client, who had a relationship with Donaldson, was weak and clutching at straws.
The prosecution, at that time, alleged that Maitland took a couch to a car wash and upholstery cleaner on Lyndhurst Road in St Andrew. It is alleged that a female attendant at the establishment saw a lot of blood in the couch. Maitland allegedly had said that his cousin received an injury and his blood was shed in the settee and therefore had to be cleaned.
The prosecution said that the attendant alleged that she saw “blood like rice grain” and that even after it had been washed it was covered with flies.
The court learned that scientists from the Institute of Forensic Science and Legal Medicine went to Maitland’s apartment and analysis of biological evidence indicated that stains matched DNA attained from Donaldson’s toothbrush.
Cell site evidence is also said to have placed Maitland and Donaldson in the same location on July 12.