NASSAU, BAHAMAS — The attorney representing Long Island MP Adrian Gibson and two other co-accused in the Water and Sewerage corruption trial today filed an application to have the matter transferred to another court.
Murrio Ducille, KC, raised concerns over the perception of bias due to the political affiliation of Supreme Court Justice Cheryl Grant Thompson’s late husband who died some 22 years ago.
He also expressed concern over Gibson being placed in the prisoner’s dock during the court appearance and whether it impacts the perception of impartiality.
Ducille said he was advised that Gibson was made to sit there at the direction of Grant-Thompson. He noted that acting Chief Justice Bernard Turner did not require the defendants to sit in the prisoner dock during their arraignment.
Gibson was arraigned alongside his cousin, Rashae Gibson, former campaign manager Joann Knowles, Jerome Missick, former Water and Sewerage Corporation General Manager Elwood Donaldson Jr, and Peaches Farquharson last Friday.
The combined total of 98 charges included conspiracy to commit bribery, bribery, fraud, receiving, and money laundering stemming from the award of contracts by the Water and Sewerage Corporation to companies linked to Gibson while he served as its executive chairman.
Ducille represents Gibson, Knowles, and Missick. Rashae Gibson is represented by Brian Dorsett.
Donaldson Jr is represented by Don Saunders and Ian Cargill, while Peaches Farquharson is represented by Raphael Moxey.
The other attorneys all indicated they were neutral on the recusal application.
Before Justice Turner, the defendants stood in a straight line behind the dock to have their charges read.
In court today, Gibson, Missick, Knowles, and Farquharson were seated in the prisoner’s dock while Rashae Gibson and Elwood Donaldson Jr were seated in chairs on the left of the dock on the side of the jury seating.
In her response, Grant-Thompson clarified that Gibson was one of six defendants and was not singled out to sit in the prisoner dock but placed where defendants are normally seated. She said chairs were placed at the side to accommodate the overflow.
She noted that, if the criminal trial continues in her court, the large number of defendants could prove to be a logistical challenge that will need to be discussed further.
The judge also asked Ducille whether he was aware of the date of Bethell’s death.
In his argument on the application, Ducille stressed that he was not accusing the judge of being unfit or that she would conduct the trial unfairly but that there could be a perception of bias.
He referenced case law that concluded the question of impartiality whether actual or perceived must take precedence.
Grant Thompson’s husband Peter Bethell, who died in July 2000, was a former Deputy Leader of the Progressive Liberal Party and a cabinet minister.
Crown prosecutor Vernal Bonaby objected to the application, arguing that Bethell has been dead for a long time and that it would be impractical to remove a judge on the grounds of familial political affiliation in such a small country.
Bonaby said it was a criminal trial that will be decided by a jury, adding there was recourse in a higher court to appeal any perceived wrongdoing.
“If the court was refused to hear cases due to political affiliation very few judges will be able to hear cases…There is no reason for the court to recuse,” Bonaby said.
However, Ducille maintained that “every aspect of a trial has a law that deals with it”.
“This is a perception that a bystander will look on,” he said.
“We’re not saying the judge is unfit or won’t try the case fairly. What we’re saying is the perception of bias, whether it goes one way or another, you’ll hear something. We know this is a jury trial but the judge must rule on the law. We’re dealing with law and facts so I don’t see why the application should be met with such resistance.”
Ducille added: “I don’t see why your ladyship should want to hold onto it, just transfer it to another court.”
Grant-Thompson pointed to two high-profile recusal applications heard by “sister-Justices” Carolita Bethel and Rhonda Bain, and asked for counsel to provide her with the briefs for her consideration before 4pm today.
For Justice Bethel, former PLP minister Shane Gibson’s attorneys asked her to recuse herself from his bribery trial due to her husband’s support of the Free National Movement. Justice Bain was asked by Keod Smith to recuse herself from hearing Peter Nygard cases to which he was a party.
Both justices rejected their respective applications.
Grant-Thompson adjourned the matter to Thursday when she will deliver her ruling.
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