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| Paula Llewellyn CD, KC - Director of Public Prosecution |
February 26, 2025
PRESS RELEASE
Re:
Rex v Jean Ann Panton charged for twenty-two counts of allegations of Fraud
involving Stocks and Securities Limited (SSL)
1. Ms.
Jean Ann Panton, former employee of SSL is currently before the Home Circuit
Court currently charged on an indictment with twenty-two counts pertaining to
allegations of falsification of accounts, forgery, uttering forged documents,
Larceny by a servant, offences under the Cybercrimes Act and the Proceeds of
Crime Act.
2. Attorneys at law, Mr. Sylvester
Hemmings and Mr. John Clarke are on record as representing Ms. Jean Ann Panton.
A team of three prosecutors led by a Deputy Director of Public Prosecutions has
been assigned by me to conduct the prosecution of this matter.
3. The
Prosecution has so far disclosed to the defence, the indictment and ALL the
documentary material and statements of witnesses we intend to rely on in the
prosecution of the matter. The matter is to return to the Criminal Case
Management Court in the Home Circuit Court on March 20th, 2025 to
facilitate the settling of issues including the mode of trial, whether by Jury
or Judge alone, and the date of trial. The Crown has been ready for sometime to
proceed to trial.
Concerns relating to Pre-Trial Publicity
4. Since this matter and other matters
revolving around the SSL entity have come to the fore, it has not escaped the
attention of the Office of the Director of Public Prosecutions and Defence
Counsel, with whom I have had recent discussions, that there has been a great
amount of public discourse over the last few weeks relating to this matter. It
has been noted that the public discourse has involved complainants in the
present matter, media practitioners, members of the public whether on social
media or mainstream media as well as other interested parties in the public
domain.
5. Members of my team and I, being
aufait with the case law on pre-trial publicity, abuse of process and the
overriding objective of fairness to the accused being at the heart of due
process, have discussed our concern about the possible deleterious impact on
the fairness of the impending trial proceedings. It is a critical principle
within our Jurisprudence, that justice must not only be done but must manifestly
appear to be done. The concern of this possible negative impact on the fairness
of the trial proceedings of the accused has been shared with me in a recent,
without prejudice conversation with Mr. John Clarke.
6. The Office of the Director of Public
Prosecutions acknowledges and respects the constitutional right of every
citizen in this country to freely express themselves on any subject of their
choosing, whether privately or in the public domain; within the parameters
allowed by law. However, though one can understand the need for persons to
ventilate their concerns and even speculate on every aspect of the matter,
whether it exists in reality or not, I am obliged to issue a gentle reminder to
the public that in the Court of Law, fairness to the accused, who is innocent
until proven guilty by evidence given in Court, is a critical principle of law
and practice which the Courts guard jealously.
7. The court of public opinion has no
such legal safeguards, but unfortunately the pretrial publicity as well as
excessive public discourse can possibly undermine the fairness of the trial,
and has done so in previously decided cases. This case is a very complex one
with voluminous material and there are still ongoing investigations into other
aspects of the matter involving SSL which are similarly complex. The
Prosecutorial authorities, including the investigators would be grateful if the
public regards the Case of Rex v Jean Ann Panton as Sub Judice (that is, it is
presently under judicial consideration).
8. The Prosecution generally encourages
witnesses in all cases, whether they are of high public interest or not, to
adhere to best practice. This means, that once witnesses have given a statement
in a matter before the Court, they should try as far as possible to be discreet
and await due process which will facilitate the said witnesses giving their
evidence in Court. If there is any issue which needs clarity or explanation
pertaining to their witness statements or what is involved in the trial process
in the criminal Court, they are at liberty to consult the investigators or
prosecutors; or private attorneys that they may chose to retain to act on their
behalf.
9. In
light of the fact that the case against Ms. Panton has not yet been completed
and is under the active consideration by the Court, I and my assigned senior
prosecutors in the case, humbly request that members of the public be judicious
with their public discourse in this matter, otherwise it may compromise the
prosecution of the matter and also ongoing investigations into other aspects of
the SSL matter. I am obliged to indicate that previous experience has shown
that the Court will not hesitate to make certain orders, either at the behest
of the Prosecution or Defence or their own motion, in order to safeguard the
integrity and fairness of the process, given perceived excessive pre-trial
publicity. The positive consideration of the public to the previously outlined
concerns would be greatly appreciated.
Editor's note
Thanks to the DPP for continuing to communicate with the public.
____________________
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