Police Legal Advisor Mandel Moore did not turn over video evidence in the cybercrime proceedings against Detective Sergeant Dion Bascom as he was expected to this morning and the Director of Public Prosecutions (DPP) has since written to the Chancellor seeking to have the presiding magistrate Leron Daly recuse herself from the matter.
A letter from the DPP, Shalimar Ali-Hack, which was addressed to Acting Chancellor of the Judiciary Justice Yonette Cummings-Edwards, was presented to the court when the matter was called for hearing this morning.
Bascom’s attorney, Nigel Hughes, argued that the Chancellor does not have the power to ask any magistrate to recuse herself from an ongoing matter.
Instead, he said a formal complaint can be made and the magistrate’s decision can be appealed.
In the circumstances, Hughes said he is unsure whether his client will be able to have a fair trial.
As such, he will be challenging the DPP’s request by filing a constitutional motion in the High Court.
The matter was adjourned to October 18.
Attorney Moore, who is prosecuting the case for the GPF, spent a few minutes in the holding area for prisoners on Wednesday after he was initially remanded by Magistrate Daly for failing on several occasions to present a video as he had been requested to do. He was shortly after granted a reprieve and given until 11:00 hrs this morning to turn over the video.
During a disclosure hearing before the magistrate on Wednesday, Bascom and his attorney, Nigel Hughes, were expecting the video of a GPF press conference with statements made about Bascom by acting Commissioner Clifton Hicken and Crime Chief Wendel Blanhum to be handed over.
Magistrate Daly had requested that the video be disclosed to the court on several occasions and was promised by Moore that it would be. However, when he could not produce the video to the court when the matter was recalled the magistrate made the decision to have him taken into custody and he was later escorted to prisoners’ holding area.
However, moments after, the magistrate summoned Moore to the court, where she asked him once more to present the video. Moore said that he would be in possession of the video today and the magistrate ordered that he do so at 11:00 hrs today when the matter is to be called. He gave an undertaking to do so and he was then released.
On September 4, Bascom was faced with the three cybercrime charges. The charges allege that on August 13, he used a computer system to transmit electronic data with intent to humiliate, harass or cause substantial emotional distress to Superintendent Mitchell Caesar. He was also charged with doing the same on August 19th to Superintendent Chabinauth Singh and the same to Superintendent Caesar.
He was granted his release on $100,000 bail on each charge.
