Antigua and Barbuda – Declaring that the prosecution has zero evidence against Antigua’s Director of Public Prosecutions (DPP) Anthony Armstrong in a real-estate fraud case, attorney-at-law Hugh Wildman signalled on Tuesday that he would be making yet another attempt to have the case thrown out.
Parish Judge Venise Blackstock-Murray shot down an earlier application to stay the proceedings in the Kingston and St Andrew Parish Court for abuse of process.
Armstrong, a Jamaican lawyer, was arrested in November and slapped with fraud charges.
The accused is alleged to have sold, in 2004, three properties belonging to the complainant while he was incarcerated overseas and without his permission.
The complainant had allegedly retained Armstrong to handle the purchases – two in St Andrew and one in St Ann – between 1999 and 2002.
Shortly after the matter was brought before the court, Wildman made submissions for a stay of proceedings, arguing that there was an abuse of process based on the principles of delay, prosecutorial misconduct, and lack of evidence.
He also submitted that Armstrong was already cleared of wrongdoing in the matter by the General Legal Council (GLC).
The complainant had reported Armstrong to the GLC. The council’s disciplinary committee had found the accused guilty of professional misconduct for witnessing a document for a client who was not present.
But Judge Blackstock-Murray, in a ruling on Tuesday, indicated that all the grounds had failed to provide sufficient merit for her to stay the proceedings.
At the same time, she said a stay of proceedings is an exceptional remedy that is granted only in circumstances where a fair hearing cannot be guaranteed.
The judge said she did not find that the delay had caused Armstrong any disadvantage or deprived him of a fair hearing or of the opportunity to properly mount a defence.
She also noted that based on the issues that are in dispute, a trial was the proper forum.
Judge Blackstock-Murray said that a committal hearing must first be done to determine that the evidence is sufficient to proceed to a trial.
The judge also indicated that although the matter was heard by the GLC, that judgment was irrelevant to this aspect of the case, as the court had to make its own independent ruling.
Indicating his eagerness to clear his client, Wildman requested a date this week to start making submissions. However, he was told that he could not be accommodated until March 2, 2023.
Wildman told the judge that the witnesses were of “no moment”.
“Nought from nought is nought, and nought plus nought is nought, and can’t add to nothing. Basically we dealing with nothing, so I would want to get it over as soon as possible,” he said.
According to Wildman, statements submitted showed that it was the complainant’s cousin, Shelly Ann Campbell, who sold all three apartments. Campbell is also charged in the matter.
He also reiterated that a police handwriting expert had found that it was not Armstrong who had signed the transfer documents.
Armstrong is further contending that he is not guilty of the charges because the proceeds of the sale were paid over to the father of the complainant, who had been authorised to be an agent while his son was incarcerated in the United States.
The complainant, however, is contending that he did not authorise anyone to sell his properties. He is also arguing that Armstrong had admitted to selling the properties without his consent and had promised to repay him.
The judge extended Armstrong’s bail on Tuesday and ordered that his passport be returned to him as he was not viewed as a flight risk.
Attorneys-at-law Linda Wright and Athea Grant also represent Armstrong.
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