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Lawyer Marcus Foster says he is still waiting on medical records from the DPP concerning the alleged battering of a woman by his client, the treasurer of the UWP.
Criminal Attorney, Marcus Foster, who is representing a former senator and member of the United Workers Party, accused of battering his 23-year-old girlfriend, says he has received no formal disclosure of the medical records for the virtual complainant.
During the last sitting at the Magistrate’s Court on March 19, Foster had made an application before Magistrate Michelle Louis to have disclosed to him all medical records of the complainant.
The alleged incident occurred on February 3, 2009 and has reportedly left the young woman, who is an accountant by profession, paralyzed from her waist down. She has had to seek medical attention both here and in Martinique. Foster had also requested the records from overseas.
Magistrate Louis, however, turned down his application, indicating that she would prefer to remain within the “letter of the law”. She therefore advised him to liaise with the Director of Public Prosecutions (DPP) Victoria Charles-Clarke on the matter. But according to Foster, those records have not been forthcoming.
His client appeared before Justice Kenneth Benjamin at the High Court on Friday for a Sufficiency Hearing, but it was postponed to October 23, 2009. In the meantime his attorney is expected to file a “formal application for variation of bail”. Foster will petition for his client’s travel documents to be returned so he can be allowed to leave the state for one month. That application is to be heard within 24 hours after it is filed. There was no sign of the virtual complainant, yesterday, who is reportedly, out of state.
Prosecutor Jenin Kisna-Samuel was the one appearing for the Crown, and not the DPP. The young woman had been adamant that she wanted her own lawyer to represent her. There were suggestions that Criminal Attorney Stanley Felix would be assisting the prosecution. During a previous interview with the STAR, he said he could “work alongside the DPP, if permission is granted”. However when he was last consulted on the matter, he stated that he would be “merely observing”. But he was not at the High Court during the proceedings on Friday.
During the March 19 hearing, Foster had told the magistrate that he wanted “full disclosure [at the] soonest possible” to prepare for his case. Following the hearing he was asked by reporters why he wanted those documents so urgently, but he only stated, “We won’t say too much. I’m smiling”.
However, speaking to this reporter outside the High Court on Friday, Foster said he had done his own investigations where those records are concerned.
RSS
If the alleged perpetrator is out of the country, that’s it!! I am deeply disgraced that this case has taken such path… tanto-tanto!!
This photo depicts the brashness of the loud mouth, Foster and also reflects the nonchalant manner in which this matter is being prosecuted.
This young lady does not seem to have a snow ball’s chance in hell that she will see some justice. The defence lawer is too cocky, he knows it’s a case of the establishment vs a nonentity. These are the things that diminish our faith in the justice system and engenders vigilantism.
WAKE UP ST. LUCIA ( One day we will wake up and don’t recognize our country)
Tell me what’s so funny Mr.Foster? It is because you know your client will walk away a free man? Hope not it would be a slap in the face to all St.Lucian women both home and abroad that we can be used as a punching bag or a soccer ball and in the end it’s all good no one will be persecuted I don’t think so enough is enough.As for his travel documents the court should hold on to it until he’s finished facing the music and I hope justice will be served swiftly.
And what is the name of the defendant? Why is this a secret? Is there any law preventing this newspaper or any other media house from naming him? Why this protection of the reputation of a possible batterer?
enough ..mr foster is a damn good lawyer its our system thats ancient and stupid where are the legislators ..what are we asking ? for him not to do his best ,that would be criminal …wake up stlucia our laws need revisiting why not lead for a change in stead of following status quo our girls are suffering……
The public forgets easily…..The young lady is still unable to walk…in fact she is still trying to get medical help that is why she is away. There is a very slim chance that she may ever walk again. Do you think this man should be given his passport??? On to you Madam DPP.
I read the BBC news online every day; I am surprise at how corrupt and backward African politics is. We are getting more and more like those countries.
How can a government protect someone who did that crime? Is it because so many of them have had running with the law? How can the government take poor people money to pay the woman’s medical bills when she did not ask them to? I can’t remember government ever paying anyone bills before or after.
Olie is one of the best lawyer in the Eastern Caribbean, he is also one you have to push very hard to get what you want. He was my lawyer and i can say that I hard to be at his throat, but when this guy is in a court he is the best thing that St.Lucia has ever produced.
When i heard he was representing this monster, i said that the LAw of St.Lucia better be straight or Olie will get this guy out. Now look what happen. Medical reports were tampered with and so on and so one. But i can assure you that he will get by.
ANthony Walcott needs to spend a few years in a prison. He is like Richard Fredrick full of him self. He should have stayed on the side of His BIG BROTHER TOM WALCOTT, who is an example in the LABOUR PARTY.
when we cross ‘the line’there is no comeing back.almost impossible.then again WHATLINE!
ALBERT WHY DO U MAKE EVERYTHING SO POLITICAL. YOUR COMMENTS ARE SO ANNOYING AND WHO CARES WHO YOUR LAWYER IS. YOU ARE ATTACKING WALCOTT WITH YOUR FOOLISH COMMENTS BECAUSE OF HIS POLITICAL AFFILIATION. I AM NOT CONDONING WALCOTT’S BARBARIC ACTIONS BUT WHEN CAN YOU SEE THINGS WITHOUT BEING RED OR YELLOW. TO SAY THAT HE SHOULD HAVE STAYED ON “HIS BIG BROTHER TOM’” SIDE IS FOOLISH AND REALLY RETARD. N E WAY YOUR NAME SAYS IT ALL “L ALBERT SLP AT HEART” LOL.
I do not condone domestic violence whether it be a man getting abused or a woman or even a child. However this is a wake up call for young women who refuse to find men who are of their class and type and who look for money instead of love in relationships. What is a beautiful 23yr old doing with a man that has been through hell and back???? You see it all around stlucia young girls allowing syrians and other business men to use them just for a ride in a posh car or something. I am sure that this is nto the first tiem this young woman was beaten by this man. He should be punished but she and all other young women in these situations need to analyze themselves. Now I know some idiot is going to dissect and add some idiotic comment after this post. But i know one thing for sure … the truth HURTS
AMEN HELEN AMEN,and albert its not olie its olay…
As I read throught the above posting I was greatly concerned that to date we ae not able to administer justice effectively in St. Lucia. I am a Prosecutor myself. The matter needs to be dealt with fairly. I am not certain as to how the Crown was able to determine the charge if they do not know the extent of the victim’s injuries from the medical report. The defence are entitled to medical records by way of disclosure if it will assist or undermine their case. As for the issue of bail. Thought needs to be given to failure to surrender, risk of committing offences on bail, interference with the witnesses and the obstuction of justice by the defendant. So by putting aside our emotions let us administer justice and exercise the rule of law. No one should be above the law.
I wish the victim a full recovery and may her abuser be brought to justice.
Every time I read tragic news like someone was either maim abused or killed I can’t help but think of my family and I as victims not only of the criminal that perpetrated the crime but the justice system that continue to fail us. The same way the criminal who killed my sister and her two children at Fond St Jacques Soufriere in August of 2001 still remain at large I can see this young lady becoming a victim of the justice system in Saint Lucia.
Let`s repeat Debbie`s comment!!! we wish the victim full recovery, and off course the abuser be brought to justice, with the full strength of the law! Please no excuses!!!!! Does he have any daughters!+++ What lack of respect to human life. What do we expect of our dear little Island, when a simple thing as a birth certificate takes (how long!!!) in the computer age and such a low population (a hand full of people) everything paperwork, takes ages in St.Lucia. Apropos, get the software! it`s there to be had Government! or let a private firm handle that!! _(not the last trumpet)
Unfortunately St Lucia is quite small and yes people tend to get away with murder. The country spends on police vehicles but not enough on the issues that mater such as screening, and training of law enforcement personnel. Truth be told I don’t expect us to be as up to date as what you see on the popular CSI TV shows but what I do expect is professional, ethical and responsible behavior by all those involved.
If Foster can explore these loopholes why not employ him as a legal/legislative advisor with a view to finally having a policing and justice system that “does what it says on the tin”.
In this particular case the alleged abuser should be named and it’s the abused that should be protected. The abuser should be suspended from work pending the outcome of the case particularly if he is in public office. Then again we have a government that’s allegedly contains drug dealers, fraudsters and from what I’ve been able to deduce back stabbers who put self before country.
Justice always prevails but its best if its handled correctly in the courts, things are bad enough and I fear if matters like this are not dealt with correctly “people” may take matters into their own hands.
A country where that is no trust in the justice system (police, legal and gov’t) is doomed this is more so with the economic hardship being felt clear round the world. “People must know that crime comes with punishment but this can only be achieved if the individuals whom we charge with this responsibility are able to deliver.
I hope that justice is served this time at least.
Apologies if I went off tangent but this really does tick my tock.
A few years ago i remembered a young lady who was a victim of a sexual assault from one of those big time lawyers,and nothing came out of it.People cried out ,there were some who said she wanted money,and others wanted her gone or wished that she was dead. but the fact of the matter is the life of a woman is of NO value. There is NO law nor establishment to protect them,the people cry out but for how long until the next story comes up.There no one to help.I pray for justice for this young lady, so young life has just begun for her and here come this lawyer thinking he can help this man and give it his best foolishness.They went to school but they have no commonsense.It makes me wonder about the young lady yrs ago who could not get not one lawyer to help her but how come one of them who take away the young lady abillity to walk and almost kills her future,not only he get a lawyer, he is out of the country ,WOW
Time is what destroys all cases in St. Lucia, just give it time and it will disappear.