Judge, attorney spar over missing file in 31-year-old case

A 55-minute stand-off between Judge Maxine Ellis and attorney-at-law Matthew Hyatt unfolded in the Half-Way Tree Parish Court yesterday in the 31-year-old case involving Courtney Anderson, as the matter was not listed for hearing and the lawyer ‘sounded off’ after it was disclosed that the case file is still missing.

It was tense and, at times, funny, but for nearly 50 minutes the judge, Hyatt and the clerk — with the latter speaking for only about five minutes of the entire proceedings — engaged in a testy exchange.a

It was Hyatt who threw the first punch, suggesting that there was no record of the case for the proceedings.

The judge responded, Hyatt rebutted, and the matter devolved into a semi-soliloquy by the magistrate, who delved into patty-shop operations, the difference between court records and court files, and the strain on the court’s record office that had resulted in the creation of additional storage space — a process that remains incomplete.

Prior to Anderson’s case — which was not listed, though he had been told to return to court on Wednesday — the magistrate, in a soliloquy of vintage style, went into great detail expounding on the spoken and unspoken knowledge of patty-shop operations, noting that it was seamless and fulfilled the cultural needs of customers.

By contrast, while that same efficiency was desired from the court system, it was not so. Patties were often prepared fresh and ready for consumption, but court files could present unintelligible ink and aged yellow paper.

Hyatt’s frustration was evident as the saga unfolded.

Anderson had applied for the expungement of his record for assault occasioning bodily harm, a matter dating back to 1995.

The police record office informed him that his file could not be located and directed him to the court office where the trial had been held.

That trip led to the discovery of a 30-year undischarged warrant for his arrest after he had missed one of the court dates.

Anderson maintains that the Duhaney Park police told him about the warrant, and that a now-retired district constable used the service vehicle at the station to take him to court.

He recalled being “cussed” by the magistrate — a woman — 30 years ago over his failure to attend court.

He insists that, on that same day, the matter was dismissed because the complainant had failed to appear at prior sittings and on that ‘final’ date.

While there is a record of the matter, there is no file to corroborate Anderson’s position.

The prosecution also presented no evidence that he had absconded bail, as was proffered by the judge.

Hyatt insisted that there was no file, and it was on the issue of record versus file that the lawyer and judge sparred, with the magistrate dominating the oral exchanges while the defence seethed.

Anderson had been told to come to court on April 16 and that he did not have to bring a lawyer.

Ellis had him escorted to the courtroom in an effort to recollect where the matter had been dismissed, but he said he could not identify which courtroom it was.

He was then arrested on a bench warrant and told to return to court on Wednesday.

The 62-year-old Anderson sat quietly on the back bench of Courtroom One, looking from judge to lawyer with furrowed brows, later saying, “I was wondering when they [were] going to call my name.”

As the tension eased shortly after half past 12, and after almost an hour, Hyatt apologised for his tone and comments, noting that it was never his intention to be disrespectful to the bench or the court.

The judge then set September 9 as the next date and ordered that a search be conducted to locate the file.

Bail conditions remain, including twice-weekly reporting to the Duhaney Park Police and travel restrictions.

Outside, Anderson sighed and left the premises.

erica.virtue@gleanerjm.com