SearchPLP outburst forces Travolta case retrial22nd October 2009 The John Travolta attempted extortion trial ended in chaos last night after an outburst at the PLP convention forced Senior Justice Anita Allen to order a retrial. He exclaimed: "Pleasant is a free woman PLPs! Pleasant is a free woman PLPs! God is good PLPs! Pleasant is a free woman! God still reigns PLPs!" But trial jury members were still deliberating, and had been for more than eight hours. No verdict had been reached although convention members celebrated Bridgewater's supposed vindication by singing and dancing to "Oh Happy Day". An angry Senior Justice Allen discharged jurors from returning with a verdict at 10.54pm last night, informing them that some two hours earlier there was an announcement at a political convention by a senior official, indicating that one of the accused persons had been acquitted. Some 20 minutes earlier, the jury had been brought into court and the foreman indicated they needed more time to reach a decision. Senior Justice Allen told the jury: "We are very concerned, in the interest of justice, that it does not appear that there has been a communication from the jury room. Justice must not only be done, but seen to be done." Noting that the trial has lasted some five weeks, the judge said:
"I am not going to ask if there was or not." The judge then ordered a retrial for the accused. Outside the courtroom, Bridgewater was swarmed by family members and supporters who subsequently went into chants of "Pleasant, Pleasant" as they moved on to Bank Lane. Bridgewater's attorney Murrio Ducille told reporters: "We were ready for the verdict. I know that we would have won. Everything is positive. There has been absolutely no evidence to implicate this lady or Lightbourne for that matter." Follow up: Mr Ducille said he is prepared for a retrial but has no idea when that would be. He said he would not comment on how the possible leak of the verdict came about. "There is no evidence as to where that came from," he said. Mr Travolta's attorney Michael Ossi told reporters he was happy with Senior Justice Allen's decision to discharge the jury. When asked whether Mr Travolta would be prepared to return to testify at the retrial Mr Ossi said: "We are fully cooperating with the prosecution. "We are committed to seeing this through, and we are committed to seeing justice served. Whatever the prosecution asks us to do is exactly what we will do. "We would have liked to have seen a verdict rendered today but we would like to see justice served." Attorney Carlson Shurland said: "Unfortunately the announcement at the convention compromised the integrity of the jury room and after five weeks of serious advocacy it's very disappointing. We are very confident that at the end of the day our client will be vindicated." Mr Shurland said he will seek to have the retrial held in Freeport. Around 9.30pm last night, hundreds at the PLP convention were whipped into a frenzy by an overly enthusiastic Mr Forbes who prematurely exclaimed: "Pleasant is a free woman PLPs! Pleasant is a free woman PLPs! God is good PLPs! Pleasant is a free woman! God still reigns PLPs!" The convention exploded in an impromptu dance to the song "Oh Happy Day" while the jury was still deliberating. The session chairman mounting the podium after Mr Forbes' speech had to apologise for whatever confusion the MP's pronouncement caused. And late last night the PLP issued an official apology. A statement read: "Last evening in the course of an address at our annual national general convention, it was announced that former Senator Pleasant Bridgewater had been acquitted. The announcement was incorrect. We give an unqualified apology. This was not intended to interfere with the administration of justice." Before being sent to deliberate yesterday, the jury in the John Travolta trial were told yesterday they had to be certain that ex-PLP Senator Pleasant Bridgewater and former ambulance driver Tarino Lightbourne agreed together to extort money from the star. In her summing up, Senior Justice Anita Allen told the nine-member jury a "threat" is simply an expression of an intention to do something, and if they believed there was no threat, then the accused could not be found guilty of attempted extortion. Bridgewater and Lightbourne are accused of attempting to extort, and conspiring to extort $25 million from American actor John Travolta between January 2 and 20 by means of a threat. They deny the charges. Senior Justice Allen told the jury they had to be certain the pair agreed together to extort money from Mr Travolta, 55, stating they could not convict one on the conspiracy charge and acquit the other. On the abetment to extortion charge against Ms Bridgewater alone, Senior Justice Allen told the jury they could not find Bridgewater guilty of both attempted extortion as well as abetment to extortion. She told them to consider the abetment charge against her only after considering the attempted extortion charge. She told the jury that only if they found her not guilty on the attempted extortion charge, could they consider the charge of abetment to extortion. The prosecution had alleged that after Jett Travolta, 16, had died of a seizure on January 2, contact was made with certain individuals to convey a threat to Mr Travolta, regarding the release to the media of a refusal of treatment form bearing his signature. The form releases medical personnel who attend to patients in their care of any liability if they are not taken to the hospital. When Mr Travolta took the witness stand, he testified he had been informed that the release document he signed, and stories connected to the document, which would imply that he was in some way culpable in the death of his son, would be released to the media if money was not paid. The defence contended however that there had been no threat or demand but rather a "negotiation" for the purchase of a document which Mr Lightbourne had in his possession. Bridgewater contended that she had been acting on behalf of Lightbourne in her capacity as an attorney. Senior Justice Allen told the jury that lawyers are not immune to the law if they do any act which amounts to a criminal offence, whether on their own or in representing a client. Lightbourne's defence said he had made no threat or demand and described him as an opportunist and not an extortionist. Both accused made unsworn statements to the jury proclaiming their innocence and the judge said it was for the jury to determine whether they were of any evidential value and what weight to be given to them. She also told them that even if they did not believe a word the accused had said, they still had to be satisfied on the evidence of the prosecution that they had committed the offences. She reminded the jury they had to accept her directions on the law, and that their role was to decide on the facts. She noted that the case is perhaps one of the most high profile ever in the Bahamas but told the jury they were not to have any regard to the media publicity. She ordered them not to have any sympathy for the victim (Mr Travolta) nor the accused, and also told them they should not have any prejudice towards them. "This case is not about politics. This is not about them against us," Senior Justice Allen said. She told the jury they should not reject the evidence of PLP senator Allyson Maynard Gibson and Mr Travolta's attorney Michael McDermott on the basis that they had assisted the police. She told the jury that there was nothing in the law that prohibited such actions. The prosecution had brought video and audio taped conversations between McDermott and the accused in a covert operation as evidence in the trial. The defence claimed that Mr Travolta had given birth to extortion and was an untruthful witness. Senior Justice Allen told the jury that the accused could be found guilty by a two thirds majority of 6-3 or 9-0. Categories: News |