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MURDER TRIAL Continued from Page 1) Bule Court r convened at
9.00
and the case of the Crown vs S vester Gaston was called. Counsel for the accused Gaston was not in Court, and Mr. Justice Hew- lett stated that the Court had the day before received a cablegram from Mr. Foster informing the Court that he was unable to be present and asking that the trial be post- poned. Defendant Gaston on being asked by the Court concerning the absence of his Counsel, told the Court that he had received a note from Mr. Foster, for the Judge, to the effect that he could not be present and required a "ostponement. The reason for Mr. Foster's absence was not mentioned in court, but it was learned from a reliable source that Mr. Foster had said that he was unable to be present as he was occupied with argument in an appeal case in some West Indian Island.
At the 23rd May sitting, after calling the panel of Jurors, who were all present in Court, Mr. Justice Hewlett granted a postponement of the trial for 25th May at 9.00 am and the jury panel was instructed to be present at that time.
At the appointed time on 25th May, the case of the Crown vs Sylvester Gaston was again called. The Defence Counsel was not present, of which fact defendant Gaston was appraised by the Court, that the Court had received another telegram from Mr. Foster stating that he was unable to be present and requested postponement of the case to the next Assizes.
The Special Prosecutor, Mr. Archibald, addressed the Court pointing out the absence of Defence Counsel, Mr. Justice Hewlett said he did not want to comment on Mr. Foster's absence. He then asked defendant Gaston if he wants to pick an additional Counsel from among the robed Barristers in Court, explaining that his pick of an additional Counsel would not preclude Mr. Foster from continuing as his Counsel but would be an assistance in his defence. The robed Barristers in the Courtroom (not count- ing the Special Prosecutor) were: Messrs. Edgar Hewlett, Michael Riegel, Lionel Barker, Jack Smith-Hughes, and Miss Constance Mitcham.
Defendant Gaston, in re- sponce to the Court, said he did not wish to pick any of the Barristers. The accused was then asked by Mr. Justice Hewlett if he would agree to a pick made by the Court. Gaston then asked
that
the question be repeated, which was done. The defendant then asked
the Honourable Court who would pay for the service, to which Mr. Justice Hewlett informed him that he would not have to pay for such service. Defendant Gaston then said, "I will not agree to any pick."
At this point the situation appeared non-plus.
Regarding the proposed assignment of Counsel, the Special Prosecutor presented to the Court a number of precedents for consideration. He pointed out that the assignment of Counsel to the accused would not be exclusive, but would be an assurance that it could not be later said that the accused did not have the best oppor- tunity to be properly repre- sented.
Due to the absence of the Defence Counsel and the Defendant's refusal to egi
De assament of ad tional Counsel in his defence, the trial was postponed for the next Assizes, and the Jury Panel was dismissed by the Court after being thanked as good citizens in the service of their communi- ty for their time spent since being called.
It was obvious that both Mr. Justice Hewlett and the Crown's Special Prosecutor, Mr. Joseph Archibald, afford- ed the accused man every opportunity to be properly represented by Counsel. The question of assigning Counsel for the accused, so that the trial may proceed with or without Mr. Foster, is something which the Court will probably decide at the October sitting.
BOMBA CHARGER
TORTOLA DEPARTURE TIMES
Monday
Tuesday
Wednesday Friday Thursday
Schedule
Sunday
6:15amRT 5.15pm 7:00amWE WE
Saturday
6.15amRT
8:00amWE
8:00amWE
7.00amWE
3:30pmWE 11:00amWE
11:00amWE 3:30pmWE
2:30pmRT
10:00amWE
3:30pmWE
1:45pmRT
2:20pmWE
= West End
5:15pmWE
Key: RT Road Town / WE
ST THOMAS DEPARTURE TIMES
Friday
Monday 9:30am
Tuesday Wednesday
Saturday
Sunday
Thursday
1:30pm
10:30am
5:00pm
9:30am 12:30pm
8.30am
8 20am
11.30am
5:00pm
5:30pm
3.45pm
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