Tom Tavares-Finson applies for fiat to prosecute Norman Scott in assault case

 

King's Counsel Tom Tavares-Finson has made good on his promise to apply to the Office of the Director of Public Prosecutions for a fiat to prosecute the case against Mayor of Spanish Town Norman Scott. 

 

Mr. Tavares-Finson said he made the application on Tuesday. 

 

Mr. Scott, who made his first appearance in the St. Elizabeth Parish Court on Monday, pleaded not guilty to assault occasioning actual bodily harm and malicious destruction of property. 

 

He is to return to court on November 27. 

 

Mr. Tavares-Finson said his decision to prosecute the case is not politically motivated. 

 

The charges stem from a clash at a polling station in St. Elizabeth on Election Day, during which Mr. Scott is accused of hitting Jamaica Labour Party Election Day supervisor Julie Francis in the face and destroying her glasses.

 

"We are dealing with a powerful male, highly placed, highly influential, highly connected, and a woman from a small community in St. Elizabeth, doing her civic duty; not connected, not powerful, and I look at it as an interplay of power. I rule out the political part of it, and I feel that I should represent this woman who is not powerful against a powerful individual. The individual, I don't know him, I don't know her. Both individuals are irrelevant. It's a power interplay that I'm interested in," said Mr. Tavares-Finson.  

 

But why not allow the clerk of the court to prosecute the case? 

 

"The clerk of court remains the person responsible for the prosecution. When I apply for a fiat what it is said is to actively associate with the prosecution. In other words, I am taking over the lead role as the prosecutor. The clerk remains in the court. I'm not displacing the clerk. The clerk's responsibility remains. The clerk is a highly competent young lady who I have worked with over the years. It's not a question that she's not competent to prosecute it. But I'm senior to her," he sought to explain.

 

It is not unusual for any attorney to apply for a fiat to prosecute a case. 

 

In the meantime, Mr. Scott's attorney, Charles Ganga-Singh, said he is ready to represent his client. 

 

"I have no concern about anyone wanting to apply for a fiat to prosecute. None whatsoever. Whether Tom and 99 of his associates - nine of his associates came yesterday - so whether Tom and 99 of his associates come to prosecute, I am fully ready to defend the matter," he insisted.