Former Education Minister Ruel Reid and former CMU President Professor Fritz Pinnock - file photo
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Nakinskie Robinson reports
The prosecution in the trial of former Education Minister Ruel Reid and his co-accused is to respond to the defence's submission that none of the witness statements can be used to form an order for an indictment.
Hugh Wildman, the attorney representing former president of Caribbean Maritime University (CMU), Fritz Pinnock, on Tuesday objected to the crown being granted order for indictment by Senior Parish Judge Sanchia Burrell.
An indictment is a formal written statement prepared by a prosecuting authority charging a person with a crime.
Mr. Wildman argued that the order will be grounded statements and documents arrived from searches that are in breach of the Financial Investigations Division Act.
In another attempt to have the six-year-old case - which was expected to start on Tuesday - thrown out, Mr. Wildman, in his almost one-hour submission, argued that the statements are inadmissible because they were illegally obtained.
According to him, the FID had no authority to investigate and charge the defendants.
Stressing that the FID was never intended to be a police force, Mr. Wildman argued that the FID is an arm of the Ministry of Finance.
He insisted that the charges are bad.
He said, having looked at the statements that have been disclosed by the prosecution, the FID-authoried officers or persons acting on instruction from authorised officers charged the defendants.
Mr. Wildman implored Judge Burrell to rule that all the statements that were used to ground the prosecution are inadmissible.
He described the prosecution as stillborn.
Mr. Wildman argued that the charges must go, adding that unless the prosecution can provide statements independent of the FID, an order of indictment should not be granted.
The prosecution is to respond to Mr. Wildman's submission on October 13.
Mr. Pinnock, Mr. Reid along with his wife Sharen and daughter Sharelle as well as Jamaica Labour Party councillor Kim Brown Lawrence were arrested and charged in 2019.
The accused were charged by the FID following a probe into the alleged diversion of nearly $50 million from CMU.
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