Re Mid-Atlantic Wellness Institute Administration for Donna Williams

• Jurisdiction: Bermuda
• Judgment Date: 20 April 2023
• Court: Supreme Court (Bermuda)
• Docket Number: Criminal Jurisdiction 2021 No 33

Re Mid-Atlantic Wellness Institute Administration for Donna Williams

And in the matter of section 5 of the Administration of Justice (Contempt of Court) Act 1979

[2023] Bda LR 40

Criminal Jurisdiction 2021 No 33

In The Supreme Court of Bermuda

Contempt of court — Failure to disclose psychiatric report

Mr B Adamson for Mid-Atlantic Wellness Institute

Mr A Duncan for the Prosecution

Ms E Christopher for the Defendant

RULING of Pettingill AJ

1. This matter arose out of Criminal proceedings which were scheduled to commence on 17 April 2023. Prior to that date there had been a Case Management hearing on 21 March 2023 at which time Ms Christopher for the Defendant clearly raised the issue that she had not received a “mental health report” related to the complaint, Perry Smith, that she had requested from the Crown as a matter of disclosure from the Mid Atlntic Wellness Institute (MAWI). The Court was notified on 14 April 2023 that as of that date there had been no disclosure. On the morning of the commencement of the trial it was indicated by the Crown that they were encountering difficulties in acceding to the disclosure request from MAWI. Consequently, I made a vive voce Order requiring disclosure of a psychiatric report. The Court was informed late that afternoon that despite the Order and the communication of the same to MAWI nothing had been received. On the morning of 18 April Mr Duncan for the Crown informed the Court that both he and the DPP had e mailed MAWI expressing the urgency of a receiving the report. It was reported that there had also been direct telephone conversations in this regard, but these were never properly raised in evidence by way of Affidavit. On the basis that it clearly appeared that MAWI Administration was aware of the Court's Order, I indicated that that this raised an issue of Contempt with which the Crown agreed. Consequently, I requested that the MAWI administrator, Ms Donna Williams, appear before me and offer some explanation which she did a short time later.

2. I made some enquiry of Ms Williams with regard to the issue of non compliance with the Court Order. She was quite clear in indicating that she was aware that an Order had been made and that she had been giving directions as to how to deal with it. At this juncture Mr Ben Adamson appeared in Court in order to represent MAWI on the issue and I adjourned the proceedings to the following morning in order to be addressed fully on the matter.

3. On 19...