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Retrail of manslaughter accused delayed

The retrial of manslaughter-accused Keniel Ingham was adjourned yesterday after the Immigration department refused to grant his Jamaican QC a work permit.

Ingham, 31, was due to go on trial for the second time after his conviction of being involved in the killing of Jermaine (Red) Pitcher in February, 2000 was quashed on appeal.

Ingham, of Rocklands Estate, Warwick, has denied killing Mr Pitcher in a fight outside Champions, along with convicted Ryan Ball and Jamal Robinson.

The case was postponed yesterday until February 17 for mention after defence lawyer Larry Scott said Howard Hamilton QC, who had handled the appeal for his client, had been turned down for a work permit. Mr. Scott said he was trying to obtain a work permit for a different Jamaican QC, Delano St. Aubyn Harrison.

Mr. Scott told the Supreme Court that the Bermuda Bar Association had informed Immigration that it did not support Mr. Hamilton QC's application to work on the Island.

Minister for Labour and Home Affairs Terry Lister wrote to Mr. Scott at the end of January informing him that his application to bring the QC to the Island had failed.

The Royal Gazette had been told that his work permit was not supported by the Bar Association due to his previous questionable behaviour in Bermuda while representing convicted murderer Troy Shorter back in 1987 for the killing of Roger Redman.

Mr. Hamilton, QC, caused an uproar at the end of the trial when he interviewed Shorter's co-accused, Rupert Archibald, without his counsel being present. It led to an outcry among the legal fraternity, who claimed that his actions had been unethical.

Yesterday, president of the Bermuda Bar Association Trevor Moniz said: "We can confirm that it's correct that we did not support the application.

"It's in connection to his behaviour when he was in Bermuda before in 1987."

Yesterday, Mr. Scott said he had secured the services of Jamaican Mr. Harrison QC, but was waiting to see if his request for a work permit had been successful.

He also said Ingham had the right to reasonably try to bring the counsel of his choice to the Island.

Assistant Justice Archibald Warner said it was not for him to question decisions of the Immigration department, but he did question why Mr. Scott had not attempted to secure leading counsel for Ingham earlier, when he had been verbally told on January 22 that his request for a work permit would be denied.

Assistant Justice Warner said he did not want to see the trial of Ingham delayed any further.

He added: "There was a clear indication from an earlier date that there were problems with Mr. Hamilton. He (Ingham) had time to find a leading local lawyer that was available."

Mr. Scott said he had tried to find a local senior lawyer but all had been unavailable for the trial at short notice.

Assistant Justice Warner adjourned the matter until February 17 for mention, with the view that it should proceed at the earliest opportunity, possibly even the next day. Ingham's bail was extended.