Lawyers for Lana Bain, the former juror who was jailed last week for contempt of court, started their submissions in the Court of Appeal yesterday, but will have to wait until today to learn if the appeal can be heard.
Before Wayne Munroe could address the issue of appeal on Monday, Court of Appeal justices pointed out that the court may not have jurisdiction to hear the case, and asked Mr. Munroe to show otherwise.
Court of Appeal justices said late yesterday they would reserve their decision on whether the court had jurisdiction to hear Ms. Bain’s appeal until after hearing substantive arguments from counsel for the former juror.
President of the Court of Appeal, Justice Dame Joan Sawyer, made the announcement just before 6pm and adjourned the case until this morning, when lawyers for Ms. Bain, Mr. Munroe and Sidney Collie, will argue that their client was not in contempt of court for failing to reveal she worked with the brother of the two men accused of murdering Mario Miller.
Ms. Bain was sentenced to 14 days in Her Majesty’s Prison by Supreme Court Justice Anita Allen, who found that the former juror intentionally withheld the information from the court.
Ms. Bain was one of 12 jurors who had heard three weeks of testimony in the murder trial of Ricardo and Ryan Miller.
That trial came to a premature end last Monday, when Justice Allen discharged the jury and ordered a new trial, before citing Ms. Bain with contempt of court.
In her ruling handed down last Wednesday, Justice Allen said that even though the former juror denied knowing Brian Beneby well enough to make the connection he was related to the Miller brothers, the sworn testimony of a supervisor at the Wyndham Cable Beach Resort confirmed that Ms. Bain had to interact with Mr. Beneby on the job.
Justice Allen also noted that Ms. Bain had the opportunity to come forward on numerous occasions before the trial began and once during the trial, but did not notify the court of the relationship, even though Mr. Beneby’s name was mentioned during the first day of testimony.
Mr. Munroe cited two cases in his submission, including the Court of Appeal Act, that the Court of Appeal had jurisdiction to hear the appeal.
Appeal justices pointed out that Ms. Bain was sentenced following a summary conviction and not on “information” or indictment, among other considerations.
After submissions from Mr. Munroe and the Crown, Justice Dame Joan Sawyer said that because it was matter of public importance, a decision would be made after the substantive arguments were heard.
Ms. Bain, who appeared not to be feeling well yesterday, was returned to Her Majesty’s Prison.
If the Court of Appeal decides to hear Ms. Bain’s appeal, her lawyers would be asking the justices to overturn Justice Allen’s decision.
They are also seeking bail for their client.
By: Erica Wells, The Bahama Journal
