Chief Justice rejects bid to remove lawyer from sex case

Chief Justice Richard Ground yesterday dismissed a bid to stop a lawyer representing an alleged sex attacker.

Crown counsel Juan Wolffe had applied for Shade Subair to be removed from the case because of a conflict of interest.

He argued that Ms Subair had been involved in the case while a prosecutor in the Director of Public Prosecutions' offices. And he claimed she had had access to files on the case.

However, Ms Subair told Mr. Justice Ground she had “absolutely no recollection” of ever having had access to the files.

Mr. Justice Ground dismissed the application, adding that this type of application was made too late as the trial was scheduled to start in less than two weeks.

He asked the accused - a 30-year-old Pembroke man - if he understood that Ms Subair used to be a prosecutor, but now worked for Legal Aid, and whether he still wanted her to represent him.

The accused, who cannot be named for legal reasons, replied yes to both questions.

For her part, Ms Subair made an application to have DNA samples, fingerprints and a lipstick-lip impression taken of the complainant in the case.

She argued that a letter, which would be submitted as evidence, was supposedly sent by the complainant to the accused. However, it would need DNA and fingerprints to tie it to the complainant.

Mr. Justice Ground said he would not dismiss the application, but added that he did not have the power to order such tests under common law, or statutory law.

He told Ms Subair to return to court with a better argument and set the application aside for a future date.

Meanwhile, Ms Subair's second application to have telephone records disclosed to her by the DPP was approved by Justice Ground.

The trial begins on May 23 and the accused remained in custody.

Repeat drunk driver, 21, involved in pile-up

A repeat drunk driver involved in a pile-up was banned from driving all vehicles for three years.

Kevin Douglas, 21, of Jones Village Lane, Warwick, admitted driving while impaired on South Shore Road, Paget on Sunday, April 17.

Crown counsel Anthony Blackman told Magistrates' Court on Monday that Douglas was involved in a four-vehicle accident.

“The defendant struck the rear of a motorcycle, then his car continued driving in the centre of the road, when he struck the first car,” Mr. Blackman said.

Douglas struck a second car in the westbound lane, before coming to a halt 150 metres down the road, Mr. Blackman said.

When Police spoke to Douglas, his eyes were glazed and his breath smelled of intoxicants.

His breathalyser reading was 245 milligrams of alcohol in 100 millilitres of blood. The legal limit is 80 milligrams of alcohol in 100 millilitres of blood.

The driver of the second car suffered a suspected sprained neck.

Douglas was also disqualified from driving in 2003 for driving under the influence.

Acting Senior Magistrate Tyrone Chin asked Douglas why he was so intoxicated on a Sunday afternoon.

“I went out the night before,” Douglas said. “I was at a prayer rehearsal in St. George's.”

Mr. Chin said the maximum sentence for having two impaired driving convictions within two years was a $2,000 fine or 18 months in prison, or both. He fined Douglas $1,500 and took him off the road for three years.