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ATL FRAUD CASE: Phipps cross examines global financial controller

Published:Friday | May 10, 2013 | 12:14 PM

Livern Barrett, Gleaner Writer

The prosecution in the billion-dollar ATL Pension Fund fraud trial has ended it's examination of ATL executive David Davies.

Davies, the global financial controller of the ATL Group, is now being cross examined by defence attorney Frank Phipps.

Former ATL Pension Fund chairman, Patrick Lynch, Catherine Barber and Dr Jeffrey Pyne, the former managing director of Gordon 'Butch' Stewart's holding company Gorstew Limited, are on trial for distributing over $1.6b from the ATL Group Pension Fund without consent, and using forged letters to justify the payouts.

Meanwhile, Senior Resident Magistrate Lorna Shelly-Williams yesterday refused to impose a gag order on the Jamaica Observer newspaper during the trial.

The magistrate's decision came in response to an application by defence attorney Valerie Neita-Robertson supported by her co-counsel Deborah Martin.

The attorneys argued that the newspaper "is an interested party in the case."

ATL boss Gordon 'Butch' Stewart is also the owner of the Observer.

"The trust deed (of the ATL Pension Fund) speaks to the Jamaica Observer," Martin pointed out in supporting the application for the gag order.

"We have a serious concern about a party that is interested in a matter using its resources to comment on a matter," she continued.

But prosecuting attorney Gayle Nelson fired back swiftly, saying he was very concerned about the request by the defence.

"It's like my friends have never heard about freedom of the press," he asserted.

After listening to both sides, Shelly-Williams gave her ruling.

"I am not making an order to gag any press in this matter," she ruled.


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