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Cummings case to be heard next week
From the Courts
July 6, 2007

Cummings case to be heard next week

Lawyers for Senator Daniel Cummings are pushing for the case against the outspoken opposition Senator to be struck out, accusing the prosecution of playing with the liberty of Cummings.

Cummings, who is charged with assaulting police constable Alasius Stapleton on April 27th at the Kingstown Wharf, appeared shortly after 10am last Monday before Chief Magistrate Simone Churaman.{{more}}

The court heard that officer Stapleton was out of the state on a training programme in Barbados and was not due back until August 18.

Chief Magistrate Churaman informed the defence that when Stapleton returns her court would be closed until September 11, as she would be on a course followed by her vacation leave.

She said that if this time period is too long then the matter may have to be heard before another magistrate.

She said that she would set the matter to be heard on September 12, and arrange that the cross complaint that Cumming’s team filed against officer Stapleton also be heard.

The court learnt that because of an error, the summons to officer Stapleton could not be served and had to be retyped.

The whole situation did not sit well with defence attorney Emery Robertson who said that the prosecution should have known that Stapleton was going to be out and said that his client couldn’t afford to have the matter hanging over his head.

Another issue that came up was that Magistrate Churaman, recently pinned president of the Rotary Club of St Vincent South, who said that because Cummings was a fellow Rotarian, she wanted to be sure that the defence had no problem with her presiding over the case.

They said no.

After strong objections by Robertson and his stated wish for a dismissal, Churaman instead listed the matter for next week Wednesday July 11, when Crown Counsel in the Attorney General’s Chambers, Saboto Caesar will be allowed to make a presentation on the matter.

All this was being carefully observed by Opposition Leader Arnhim Eustace and New Democratic Party’s (NDP) vice president St Clair Leacock who were present in court.

The NDP held a protest march on April 27th against the April 16th introduction of a $1 user fee at the Grenadines Terminal which they have described as an unfair tax.

This court matter stems from incidents that occurred on that day, when protesters clashed with police shortly after 4pm.(KJ)

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