VLOGGERS WARNED

Justice Leighton Pusey has issued a stern warning that public demonstrations and online commentary, particularly from non-traditional media, regarding the Donna-Lee Donaldson murder trial could result in contempt of court charges.

Constable Noel Maitland has been charged with the July 2020 murder of Donaldson, a 24-year-old social media personality. The trial, scheduled to begin yesterday in the Home Circuit Court, was delayed as the prosecution moved to apply for special measures to allow three witnesses to testify remotely.

Justice Pusey cautioned that ongoing demonstrations and public statements – especially those made outside the courthouse and in vlog interviews – could negatively impact jurors and lead to a mistrial.

“Members of the traditional press understand their restriction. Where a matter is a jury matter, the court is very careful about acts and statements which may be done, speaking about potential evidence and also things that may lead to trying to influence the jurors.

“So, therefore, if there are any groups of persons with any particular influence, they need to understand very carefully that the court’s position is, that sort of thing is not to be done, the comments that you made … are not going to be allowed at this stage,” he said.

Justice Pusey He emphasised that this was not merely advice, but an outline of the law, and violations could result in contempt charges or other sanctions.

He noted that restarting a trial due to prejudicial conduct could significantly delay proceedings.

“So maybe there are persons who are anxious to get the case tried, and because of that, they want to say things in the media and other places. But the very same thing that they are saying in the media means that the case cannot go on, ‘cause a case cannot go on where it seems as if we are not mindful of things that might prejudice the case; so they need to understand very clearly and act within that way,” he said,

Circumstantial evidence

The judge’s comments came as the court heard from lead prosecutor Claudette Thompson, who indicated that the prosecution’s application for remote testimony from witnesses would determine when the trial could begin.

She told the court that the case rests squarely on circumstantial evidence and that every witness’ evidence carries the same weight.

The defence, which had already been served with documents related to the applications, requested more time to respond and asked for the applications to be made today.

Maitland, who has been in custody since July 27, 2022, was further remanded. He is charged with murder and preventing the lawful burial of a corpse. He has denied the allegations.

Donaldson went missing on July 13, 2022 after reportedly being last seen at Maitland’s Chelsea Manor apartment in St Andrew two days earlier. Prosecutors allege that bloodstains matching Donaldson’s DNA were found on curtains and sneakers inside the apartment.

The court also heard that Maitland took a blood-soaked sofa to a car wash on July 13, claiming his cousin had injured himself. A car wash attendant reportedly remarked on the amount of blood: “A whole heap o’ blood coming out the right side ... . Jesus, this man must dead. Him bleed out, or this come in like dem kill somebody inna this.”

Prosecutors further allege that Maitland hired a truck driver to transport the couch and tried to convince his landlord to delete CCTV footage from the apartment complex.

Cell site analysis reportedly showed that Donaldson’s and Maitland’s phones were both located in the vicinity of the apartment on July 12.

Maitland is represented by attorneys Christopher Townsend, Chadwick Berry, Sanjay Smith, and Kaysian Kennedy Sherman.

tanesha.mundle@gleanerjm.com