Brandt’s trial wavers

Brandt addressing court at Justice
Redhead’s retirement

Attorney-at-Law David S. Brandt, a former chief minister of Montserrat was arrested and charged on Monday, September 21, 2015, on sexually related charges allegedly involving minors dating back to 2010, has had several legal interventions through the appellate courts.

Now on new and or adjusted charges, the news is that new Justice Garret Evans has decided that the trial will take place in June or early July this year.

But, there arose seemingly new problems which suggest a trial may not take place on the matters.

As recorded earlier, “The man known as ‘the man of the people’ and still popularly referred to politically as, ‘The Heavy Roller’ is second to former Premier Reuben T Meade who served for 25 years non-stop from 1991 – 2014, and he for 23 years as the longest serving legislators in Montserrat alive…”

The new dispute is that the prosecution had allegedly told the court that Mr. Brandt would not receive a fair trial in Montserrat and ask that the matter be transferred to another jurisdiction, creating a problem for the trial taking place at all. Mr. Oris Sullivan, Director of Public Prosecution (DPP) in Montserrat disputes the information and according to reports has told ZJB News that the decision made by Justice Evans for the trial to proceed, was based on the eight counts on which Mr Brandt is being charged including exploitation of girls under the age of 18 years.”  

Mr. Sullivan has said: “…that Mr Brandt is capable of having a fair trial in Montserrat. In fact Justice Evans has ruled that having regard of the evidence before him that Mr Brandt is capable of having a fair trial on Montserrat.”

DPP Oris Sullivan

Sullivan said he is responding to “all sorts of rumours or statements that the crown raise the issue that Mr. Brandt is incapable of getting a fair trial,” citing that as being the issue on the matter.

“Of course the issue was raised…before the court. Let me set the records straight and say the crown did not raise that issue before the court,” Sullivan says, explaining: “The issue the crown raised before the court was to bring the courts attention to the fact that Mr. Brandt is a very influential person and the selection of a jury might prove difficult in those circumstances. We are always of the view that Mr. Brandt will get a fair trial in Montserrat. He is not the only high profiled person to be tried on Montserrat.”

Attorney Warren Cassell

But, Attorney Warren Cassell, who contends he is not a member of Brandt’s defence team as reported, has expressed surprise at the DPP’s utterings. “I was pretty much surprised to hear the DPP on radio saying that they always thought that Mr. Brandt could get a fair trial in Montserrat, he says.

“In fact on the tenth day of January 2018,” Cassell continues, “the said DPP and his cohorts to include Annesta Weekes QC (who is the lead prosecutor in the matters) made an application to the court to transfer the trial to another jurisdiction, and in their submission they said, and I am quoting from it, I have a copy, and it is date stamped, ‘filed in the in the court – (it says) “we submit that it is not possible to ensure a fair trial of this defendant if a jury in Montserrat is empanelled…”

“So as a minister of justice,” Cassell concludes, “he is misleading the public to now come and say that it was always their contention that Mr. Brandt can get a fair trial.”

Earlier Cassell had expressed the view that since the prosecution had said Brandt could not get a fair trial in Montserrat, with the defence agreeing, and that according to him there being no legal provision for such matter to be heard except in front of his peers as the law requires, there can then be no trial.

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Brandt addressing court at Justice
Redhead’s retirement

Attorney-at-Law David S. Brandt, a former chief minister of Montserrat was arrested and charged on Monday, September 21, 2015, on sexually related charges allegedly involving minors dating back to 2010, has had several legal interventions through the appellate courts.

Now on new and or adjusted charges, the news is that new Justice Garret Evans has decided that the trial will take place in June or early July this year.

But, there arose seemingly new problems which suggest a trial may not take place on the matters.

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As recorded earlier, “The man known as ‘the man of the people’ and still popularly referred to politically as, ‘The Heavy Roller’ is second to former Premier Reuben T Meade who served for 25 years non-stop from 1991 – 2014, and he for 23 years as the longest serving legislators in Montserrat alive…”

The new dispute is that the prosecution had allegedly told the court that Mr. Brandt would not receive a fair trial in Montserrat and ask that the matter be transferred to another jurisdiction, creating a problem for the trial taking place at all. Mr. Oris Sullivan, Director of Public Prosecution (DPP) in Montserrat disputes the information and according to reports has told ZJB News that the decision made by Justice Evans for the trial to proceed, was based on the eight counts on which Mr Brandt is being charged including exploitation of girls under the age of 18 years.”  

Mr. Sullivan has said: “…that Mr Brandt is capable of having a fair trial in Montserrat. In fact Justice Evans has ruled that having regard of the evidence before him that Mr Brandt is capable of having a fair trial on Montserrat.”

DPP Oris Sullivan

Sullivan said he is responding to “all sorts of rumours or statements that the crown raise the issue that Mr. Brandt is incapable of getting a fair trial,” citing that as being the issue on the matter.

“Of course the issue was raised…before the court. Let me set the records straight and say the crown did not raise that issue before the court,” Sullivan says, explaining: “The issue the crown raised before the court was to bring the courts attention to the fact that Mr. Brandt is a very influential person and the selection of a jury might prove difficult in those circumstances. We are always of the view that Mr. Brandt will get a fair trial in Montserrat. He is not the only high profiled person to be tried on Montserrat.”

Attorney Warren Cassell

But, Attorney Warren Cassell, who contends he is not a member of Brandt’s defence team as reported, has expressed surprise at the DPP’s utterings. “I was pretty much surprised to hear the DPP on radio saying that they always thought that Mr. Brandt could get a fair trial in Montserrat, he says.

“In fact on the tenth day of January 2018,” Cassell continues, “the said DPP and his cohorts to include Annesta Weekes QC (who is the lead prosecutor in the matters) made an application to the court to transfer the trial to another jurisdiction, and in their submission they said, and I am quoting from it, I have a copy, and it is date stamped, ‘filed in the in the court – (it says) “we submit that it is not possible to ensure a fair trial of this defendant if a jury in Montserrat is empanelled…”

“So as a minister of justice,” Cassell concludes, “he is misleading the public to now come and say that it was always their contention that Mr. Brandt can get a fair trial.”

Earlier Cassell had expressed the view that since the prosecution had said Brandt could not get a fair trial in Montserrat, with the defence agreeing, and that according to him there being no legal provision for such matter to be heard except in front of his peers as the law requires, there can then be no trial.

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