Judge chides prosecution in Maitland case

The bail hearing for Constable Noel Maitland, who is accused of killing his girlfriend Donna-Lee Donaldson, was delayed on Monday in the Kingston and St Andrew Parish Court, after six witness statements were not disclosed to the defence lawyers.

The court heard that disclosure was made on August 19 and defence attorneys only received a forensic report, nine police statements, two civilian statements including that of Donaldson's mother, question-and-answer document and five scene of crime CDs. However, Crown Counsel Channa Ormsby said that the other statements will not be made available as there are concerns for the safety of the witnesses, one in particular.

"That witness, even in respect of his employment, has not shown up for days I am told because of certain steps that were allegedly taken as it relates to him and the defendant in this matter Your Honour," Ormsby said.

Senior Parish Judge Lori-Anne Cole-Montaque asked "It is not to say that the Crown is saying that any particular witness saw the defendant do anything directly in relation to the charge?"

"No, Your Honour, it is a circumstantial case in relation to cyber forensic evidence Your Honour, forensic evidence in the form of DNA analysis as well as other witnesses, timeline evidence as it relates to certain factual circumstances surrounding the apartment where it is believed that certain things were done in relation to the deceased and that apartment being where the accused man resided," Ormsby explained. Cole-Montaque chided the approach of the Crown.

"The matter was set for bail application and there should be nothing to hinder the application being made. It can't be, none of the civilian statements, save and except of that of the defendant and the mother of the presumed dead woman, none of them can be disclosed? This doesn't sit well with the court because the duty to disclose is not discretionary duty. It is a duty that every prosecuting counsel has," the judge stressed.

After much deliberation, the judge suggested that the Crown review the witnesses' statement and remove sensitive content. Ormsby conceded and requested an adjournment to accommodate the redaction process. Maitland was remanded until September 16. Police theorise that Donaldson was killed on July 12 between 4 p.m. and 8 p.m.