Hugh Wildman
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By Racquel Porter
King's Counsel Oswest Senior-Smith has taken aim at attorney Hugh Wildman over his handling of court commitments, declaring that he cannot be held hostage by another lawyer's failure to properly manage his schedule.
The criticism came Wednesday during the trial of former Education Minister Ruel Reid and his co-accused in the Kingston & St. Andrew Parish Court.
Mr. Wildman represents former Caribbean Maritime University president Professor Fritz Pinnock, one of five defendants on trial in connection with an alleged $25 million fraud.
His absence from the proceedings last week resulted in Professor Pinnock taking notes on his laptop after informing the court that his attorney had emailed to say he was not in the country.
King's Counsel Oswest Senior-Smith, who represents Councillor Kim Brown Lawrence, appeared in court on Wednesday, despite having a matter before the Western Regional Gun Court.
He explained that he attended the Parish Court after the judge presiding over his other matter indicated that she could not hear it.
The King's Counsel said his Gun Court matter will continue Thursday and Friday, and at some point next week.
He argued that he could not be dislocated by what he described as Mr. Wildman's inappropriate arrangements, adding that the situation was unfair to both him and his client.
Parish Court Judge Sanchia Burrell acknowledged the demands of multi-accused trials, but insisted that the rights of the accused cannot take a back seat to attorneys' scheduling difficulties.
She described the arrangements made for Pinnock's representation as "meager at best" and reminded Mr. Wildman that his client was not the only person on the indictment.
The judge also questioned Mr. Wildman's availability on a previous Thursday, when he held a press conference criticising the court's position that the trial would proceed without further delay.
Mr. Wildman sought to explain that it was the night of his mother's wake.
Consulting her calendar, Judge Burrell pointed out that she was making reference to October 8.
She noted that the time could have been used to cross-examine prosecution witnesses who now have to be recalled because of his absence.
She stressed that attorneys must manage their caseloads and communicate with the court when they cannot attend.
Mr. Wildman maintained that a Supreme Court judge had assured him she would speak with Judge Burrell about arrangements surrounding his mother's funeral.
Noting that judicial independence is crucial, she told Mr. Wildman that they were not going to talk about that.
The judge stressed that other attorneys have "put things in place", telling Mr. Wildman that he had to demonstrate "some cerebral agility".
Mr. Wildman questioned what Mr. Senior-Smith had said that was relevant to him.
She replied, stating that counsel who have a demanding practice can manage.
Judge Burrell again pointed out that the rights of the four accused cannot continue to take a back burner to the workload of his practice.
Still, she admitted to Mr. Wildman that she cannot tell him how to arrange his practice.
The trial continues on Monday.
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