Browne-Baptiste again calls for recusal of magistrate in Nice Radio case

The trial against Nice Radio head, Douglas DeFreitas, related to comments he is alleged to have made after the general elections of 2015, may see a third magistrate having to step back from the matter.

When the matter was called on Monday at the Kingstown Magistrate’s Court before senior magistrate Rickie Burnett, Kay Bacchus-Baptiste, defence attorney for DeFreitas, informed that she had made two submissions in the case.

DeFreitas was charged in June, 2016, that he did at Dorsetshire Hill, publish a false statement which was likely to cause fear or alarm or to disturb the public peace.

The day after the general elections on December 9, 2015, DeFreitas is alleged to have said: “I have just had confirmation that six of the ballots were unsealed and one missing. Six of the ballots were unsealed and one missing. It means that something went on down there in the polling station and we are calling for by-elections by Monday. We want by-elections; we don’t want…And I want the leadership to the NDP to find some transportation, get supporters to go down there and to get into place, please and persons who can go on their own, go down there and support Exeter on this matter.”

Since June 2016, 11 further and similar charges, related to statements made on the day after the general elections, were placed against DeFreitas.

On Monday, counsel for the Crown Karim Nelson made an application for an amendment to the charges and asked that “fear” and “to disturb the public peace” be excised. Therefore, the charges are to read only “likely to cause alarm.”

Burnett, not having the charges before him, said the amendments are to be made at the next sitting of the case.

Bacchus-Baptiste also stated that she had made certain requests for disclosure, which the other side has “steadfastly refused”.

The lawyer said the charges are very specific about ballot boxes and someone cannot be charged for saying certain things about the ballot boxes, and the prosecution claim it is not true, but don’t want to show the ballot boxes. “That is totally unfair; completely unfair,” she commented.

“Twelve charges basically having to do with the security of the ballot boxes,” she said, further claiming that, “there are a number of photographs out there to show indeed that the ballot boxes were not properly secured.”

However, Burnett may not be the magistrate to rule on the request for disclosure, as Bacchus-Baptiste has also made an application for him to recuse himself. She said her reasons are “very cogent”, also noting that the other side had not yet responded.

Burnett said the application for recusal should be ventilated in court.

Another court date was set, as the defendant needs to go abroad for medical reasons, and the prosecution needs to respond to the submissions made.

Burnett asked that Nelson respond by May 1, and set the next court date for May 17.

If Burnett recuses himself, he will follow magistrates Bertie Pompey and Zoila Ellis-Browne. Pompey had recused himself on the basis that he was involved in a civil matter in which DeFreitas was also involved.

Ellis-Browne had recused herself upon request of Bacchus-Baptiste, who cited a “real possibility for bias,” because of Ellis-Browne’s marriage to former member of Parliament for the Unity Labour Party (ULP), Michael Browne.(KR)