The Summary Court trial of protester Lovell Marriott came to an abrupt end midway through the hearing, Wednesday, after she found herself at the centre of contempt proceedings for taking unauthorised pictures of the judge and witnesses.
Marriott was on trial for one count of being an idle or disorderly person, which stems from her one-woman protest outside the Government Administration Building on 6 Jan. 2022. But the trial was dramatically abandoned, and a new trial ordered in front of a different magistrate next month.
Before the resumption of the two-day trial, Magistrate Kirsty-Ann Gunn, who is presiding over the case, raised the issue of contempt.
“It has come to the court’s attention that during yesterday’s proceedings, Ms Marriott used her phone to take pictures of the court and various court users, despite having been told to turn the device off,” said Gunn.
Marriott who was sitting in the dock, initially looked puzzled and claimed that she might have taken pictures but added that no one told her to turn her phone off.
A search of Marriott’s phone, at the request of Gunn, resulted in the discovery of multiple images of witnesses, the judge and even Cayman Compass staff.
Trial abandoned
The revelations, which spilled out during the course of the hearing, led to an application from the defence that the trial should be abandoned, amid concerns about a potential appearance of prejudice against Marriott. Her lawyer, Amelia Fosuhene, said the potential contempt issue needed to be dealt with separately after the trial.
“I’m afraid that the revelation of the images now calls into question whether proceeding with the trial will meet the test of the public perception of justice,” said Fosuhene.
According to the defence counsel, the discovery of the images and the inquiries and discussion that followed, meant that Marriott’s character and integrity had been questioned mid-trial in open court. She said this had potential implications for how the public would view her ability to get a fair trial on the separate matter of the protest.
“In the Grand Court, where there is a jury, such matters of contempt would only be heard by the judge in the absence of the jury,” noted Fosuhene. “Through this process, the jury would still be able to contemplate the verdicts in the criminal matters and not be bothered by the issue of contempt which is strictly for the judge.”
After considering Fosuhene’s arguments, Gunn agreed and terminated the trial.
“In the interest of public perception that justice must not only be done but should be seen to be done publicly, after reflection, I have concluded that this trial must be aborted,” said Gunn.
Magistrate issues warning
After terminating the trial, Gunn then turned her attention to the issue of contempt.
Marriott was called to the witness stand to explain herself during which she remained adamant that no one told her to turn off her phone.
“If the marshal said to turn my phone off, I didn’t hear him,” she said. “I would never willingly try to break the law.”
She added, “When I was taking the pictures I was not hiding, plus these were for my personal use and I never intended to hurt anyone.”
In an attempt to fully understand the situation, Gunn then called her marshal, Bernard Douglas.
“I told her to turn off her phone, but I did not check to see if she had turned it off or kept using it because at the time she was reading news headlines from what I could see, and I had to continue to prepare the court for the trial,” he said.
If convicted of contempt of court at the Summary Court level, a person could face a sentence of up to 30 days in prison or a $50 fine.
“The court also has the power to choose to accept an apology and not take any further action, which is what I will do in this case,” said Gunn.
“If you use your phone in a similar manner it cannot be said that you did not know or understand the rules, and should it happen again the outcome is likely to be very different,” warned Gunn.
Marriott was then released on bail and is expected to return to court for a new trial date to be set next month.
Marriott was also due to stand trial for a separate unrelated matter that alleges two counts each of assaulting police and disorderly conduct and one count of resisting a police officer.
However, this trial was unable to proceed due to the unavailability of crown witnesses.
The matter was also put back to the next month.
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