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Out of time

case dismissed after prosecution fails to present documets

COURT TODAY BLOCKA case involving more than half million dollars and 40 charges was thrown out today after the prosecution was unable to hand over pre-trial disclosure to the accused men’s attorney.

Dwight Robert Neste Jordan, 32, a clerical officer of #252 Husbands, St James and Gay Harcourt Gibson, 65, a contractor of Deacons Road, St Michael, appeared in the District ‘A’ Magistrates’ Court for the continuation of their case.

Jordan was charged with 13 counts of dishonestly falsifying the Queen Elizabeth Hospital’s computerized Smart Stream records required for the hospital’s accounting purposes, with a view to either himself or someone else gaining, sometime between May 2011 and November 2012.

Gibson faced one count of engaging in money laundering, in that he disposed of $560, 321. 72, which was the proceeds of crime, between December 20, 2011 and February 7, 2013.

Additionally, he was accused of 12 counts of producing invoices in the name of his company, Gibson Construction and Maintenance, to the QEH for accounting purposes that, to his knowledge, were deceptive.

The two men were also jointly charged with 16 counts of stealing over $560 000 in total, which were the proceeds of Barbados National Bank Incorporated and payable to Gibson’s company, belonging to the QEH.

Earlier this year when the matter came up, the prosecution was in possession of eight of the 16 statements needed to complete the file.

Attorney-at-law Andrew Pilgrim, QC, who was appearing for Jordan at the time, also made an application on behalf of Gibson as a friend of the court.

He had asked the court to dismiss the matter based on the fact that the file was still outstanding which, in essence, prevented the case from proceeding. He also asked the court to take into consideration that Gibson’s physical condition had deteriorated to a large extent and he had lost more than 50 pounds while on remand at HMP Dodds.

Magistrate Douglas Frederick said he would not dismiss the case then, but offered the prosecution a final adjournment to get the other documents in order so that the matter could proceed.

Today, the prosecution still had the same number of statements as on the last occasion. Therefore, when Station Sergeant Neville Watson requested another week in which to complete the file, the request was denied.

Magistrate Frederick felt that the prosecution had been given enough time and that it was also a question of maintaining his integrity since he had granted a final adjournment previously. He therefore dismissed the case.

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