Marlon Gordon, a Jamaican attorney who came close to being charged for contempt of court on Tuesday, is questioning whether he was being targeted because of his nationality.
Gordon is one of the defence counsels in the matter involving David Straker, Donald George, Anderson Flax, and Lindon Chiverton — the quartet allegedly caught at sea with 80 kilograms of cocaine more than three years ago.
“I wanted to make sure that I am not being singled out because I am not from the BVI,” Gordon told the court.
His statement came after several in-court incidences which eventually led to the trial being pushed to May 15.
Notably, when the trial started at 10:30 am on Tuesday, Gordon came to court without files pertinent to the case. This caused the court to break for 15 minutes to allow him to return to his hotel to retrieve the said documents.
Lip balm incident
During today’s trial, Gordon was observed pounding on the desk around which he was seated. He was also observed speaking in what could be described as an elevated tone of voice while a C
And while Senior Magistrate Richards addressed him in court, the attorney was observed at that moment applying lip balm and shuffling a pile of papers scattered on the desk.
Magistrate Richard appeared not to be amused and described the attorney’s body language as improper.
“It is not proper decorum … the court operates on rules,” she told him.
Attorney Gordon then responded: “I apologise for my chapped lips.” He added that he has practised in various jurisdictions where applying lip balm was never an issue.
Objection to what?
Gordon again had an outburst in court when the Crown’s prosecutor rose to make an objection to his line of cross-examination.
“Objection to what?” he asked.
A seemingly upset Senior Magistrate then told the attorney: “Your behaviour falls way below the bar.”
She claimed he was being disrespectful to the Crown’s prosecutor; to which Gordon replied: “But he disrespected me. It is a non-point!”
This is not how we practice here
The Senior Magistrate then called on the attorney to conduct himself better, stating, “that is not how we practice here”.
Following repeated warnings, police were prompted to intervene and asked the attorney to refrain from speaking over the magistrate.
“I cannot continue because I have to be able to compose myself. I am on edge, I am sorry,” the senior magistrate then said.
She further requested that the trial, which was scheduled to continue this week, to be pushed to a later date.
“I ask that all be on their best behaviour because if this happens, I will be taking my leave,” she warned.
She then urged all members at the Bar to refresh themselves with the court’s code of conduct before they return.
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