THE COURT of Appeal on Tuesday reserved its decision in the appeal brought by attorney-at-law Harold Brady who is appealing against his conviction for his refusal to testify at the Manatt-Dudus commission of enquiry.
Brady was found guilty last year in the Corporate Area Resident Magistrate's Court for breaching the Commissions of Enquiry Act.
Senior Resident Magistrate (RM) Georgiana Fraser fined him $500 or 10 days' imprisonment.
Attorney-at-law Georgia Gibson-Henlin submitted on Tuesday that the RM erred in her decision when she found Brady guilty of the charge. She said the RM had no jurisdiction to place an evidential burden on Brady to prove he had good cause when he refused to testify.
Attorney-at-law Garth McBean, who is representing the Crown, argued that the RM was correct in her ruling.
In finding Brady guilty, the RM said Brady had the evidential burden to adduce evidence that he had good cause when he refused to testify at the commission of enquiry.
Brady figured prominently in the hiring of United States lobby firm Manatt, Phelps & Phillips on behalf of the Jamaica Labour Party, at the height of the Christopher 'Dudus' Coke extradition saga in 2010.
He was summoned to court after he refused to testify at the Manatt-Dudus commission of enquiry last year. Brady had previously cited lawyer-client privilege as his reason for refusing to testify at the enquiry.