“Que Pasa” expected to testify in Lynch case

Come Monday, May 10, Anthony “Que Pasa” Gellizeau is expected to testify in the court matter where Elwardo “EG” Lynch stands accused of making false statements that could cause fear and alarm.{{more}}

On the New Times radio programme almost three years ago, Lynch stated that Assisstant Commissioner of Police Lenroy Brewster and government senator Julian Francis had been seen in the company of Gellizeau at Wallilabou beach on the Leeward coast, at night, between August 4 and 23, 2007.

Gellizeau had been expected to give evidence earlier this week, but because of an objection posed by defence lawyer Kay Bacchus the matter was adjourned.

ACP Brewster and Francis have already testified against the popular political radio talk show host.

Lynch, host of the Nice Radio politcial program, “New Times”, is charged with making the statements on August 23, 2007.

In his testimony, Brewster said that on August 18, 2007, he left the country for El Salvador on official duties and returned to the country on August 26, 2007.

Prior to leaving the state, Brewster said he parked his vehicle at the Fire Station at Arnos Vale. Upon his return to St Vincent, Brewster said that he had a conversation with Commissioner of Police Keith Miller about allegations leveled against him.

Under cross-examination by Kay Bacchus Browne, Brewster denied being on the beach in the company of Que Pasa and Francis. He also said that he was not aware that members of the Rapid Response Unit had to undergo a lie detector test. “The Commissioner of Police would be the one to do that,” he said.

The veteran cop, when asked, said that he “doesn’t know what is wrong with being on a beach with Que Pasa or Francis at night”.

Tension rose in court when Senator Francis was cross-examined by Bacchus-Browne. Francis told the court that he was never on the beach with any of the men and that he has not communicated with Gellizeau in over eight years.

Bacchus-Browne put it to Francis that Gellizeau was a guest at Francis’ birthday party at Buccament beach, but Francis denied such.

“I can’t recall if I invited him and the party was not on the beach. It was by a bar,” he said. Francis, 58, later changed his testimony and said that he did not invite Gellizeau to his party. “I am not lying. He could have been there. It was a public party and persons who were not invited were there,” Francis testified.

Magistrate Young had cause to intervene during cross-examination to warn both parties to stop the cross-talking and get on with the case.

Francis also told the court that Gellizeau never provided financial contributions to the Unity Labour Party.

Also taking the stand was Deputy Commissioner of Police, Bertie Pompey. Pompey, in his testimony, said that no lie detector test was administered to any member of the RRU and none of the men had been transferred.

In a press conference on August 24, 2007, Pompey refuted suggestions made by Lynch that Rapid Response Unit (RRU) officers had been “disbanded” because they leaked information to him (Lynch).

At that time, Lynch said, “…And the six men who were on patrol on the Leeward side, when those three gentlemen were either bathing in the beach at that hour of the morning, or either picking up sticks and wood and maybe…you know what they did yesterday (August 22nd)? They were trying to force the men to take some lie detector test to determine if any of them gave EG the information. Because they refused, they kicked them out”.

In court, Pompey said that the police do not own a polygraph machine and that experts normally have to come into the country to carry out the tests. He also stated that the last time he recalled a lie detector test being done was about the time when the Rabacca Bridge was being built.

When the matter was called back up on Monday, May 3, Bacchus-Browne raised an objection after the Director of Public Prosecutions, Colin Williams, asked for an amendment in the charge because of a discrepancy in the date of the alleged meeting among the three men. He submitted that the new date should be read as between August 4-23, 2007.

In objecting, Bacchus-Browne submitted that she did not prepare a case for any alleged offence for between August 4-23, 2007. “We had a charge with no date…at the start of the prosecution’s case, I gave the DPP a chance to amend the charge,” Browne said. The veteran lawyer added that “It is sloppy and prejudicial to amend the charge at this time because they had an opportunity to do so before.”

Responding to Bacchus-Browne, Williams said that the criminal procedure code allows for the prosecution to apply for an amendment at any stage before the close of their case.

Chief Magistrate Sonya Young upheld Williams’ submission.

The court also heard testimony from Detective Inspector Sydney James. In his evidence, James said that he was mandated to conduct an investigation into the alleged false statement by Lynch.

Under cross-examination, Bacchus-Browne put it to James that the Commissioner of Police, Keith Miller, telephoned Gellizeau in his (James) presence and James replied, “Yes, please.” She further put it to him that the Commissioner asked Gellizeau for his help during that conversation. James stated that the COP did not ask Que Pasa to “help him out”, but instead Commissioner told Que Pasa that “he would send me to collect a statement.”

Commissioner of Police, Keith Miller, is also expected to give testimony in the matter.

Maia Eustace also represents Lynch in the matter. (KW)