Barbara Gayle, Staff Reporter

Williams

The absence of two vital Crown witnesses yesterday forced the director of public prosecutions (DPP) to drop the $451 million fraud case against east Kingston businessman, Danhai Williams, his company and five co-accused.

However, the accused were told that if the witnesses were found, the case would proceed.

They were charged in October 2003 with defrauding the National Housing Development Corporation (NHDC).

Resident Magistrate Georgiana Fraser directed that all travel documents be returned to the accused who were all on bail.

Last week, the prosecution was given until yesterday to find the witnesses because the case was dragging on for too long.

When the accused appeared in the Corporate Area Resident Magistrate's Court yesterday, Senior Deputy DPP Lisa Palmer told the court that DPP Paula Llewellyn, QC, had directed that a conditional nolle prosequi (no prosecution) be entered in the case.

Lawyers not happy

Palmer pointed out that the nolle prosequi was merely a statement to discontinue the case. She said if the witnesses - engineer, Lloyd McLean and quantity surveyor, Gerald Tobias, who were said to be abroad - were found, the case would proceed.

Defence lawyers Jacqueline Samuels-Brown and Valerie Neita-Robertson were not happy with the outcome of the case because they said the charges remained on the accused.

Neita-Robertson described the nolle prosequi as dishonest and unfair to the accused.

The defence lawyers asked RM Fraser to use her power to have the matter taken out of the hands of the DPP by throwing out the case.

Fraser declined the request, adding that she could not question the DPP's motive.

In October last year, Senior Resident Magistrate Glen Brown sent a strong message that every effort be made to have the fraud case brought to completion.

barbara.gayle@gleanerjm.com