The stay of proceedings, granted more than four months ago following a jury's recommendation that charges be brought against prison officer Sandy Mackey, remains in effect as nothing has happened since then, according to his lawyer.
Lawyer Dion Smith said yesterday that he is yet to receive the transcripts of the Coroner's inquest into the January 17 prison break which led to the deaths of prison officer Dion Bowles and inmate Neil Brown.
"Right now the presumption of innocence still rests with him until anything further," Mr Smith said. "The stay is not going to be removed until a ruling is handed down after a hearing," he explained.
In late May, following the recommendation by a seven- member jury that officer Mackey be charged with the murder of death row inmate Neil Brown, Mackey's lawyers went before Justice Jon Isaacs and were granted a "stay" on a constitutional motion.
Maintaining that his client's constitutional rights were violated during the course of the lengthy inquest, Mr Smith said yesterday that the court's transcripts, which are an official record of what took place during the proceedings, are needed so that he can formulate his arguments on the constitutional motion.
"It's not the same as a criminal trial. You would obviously know that you have been charged with a criminal offence and if convicted certain things could happen.
"With a Coroner's inquest you need to be very clear about what the possible outcome is so that you would know how to properly defend yourself," Mr Smith said.
"From the very outset our position was that Mr Mackey was one of the officers who, the circumstances surrounding what took place with him could have been contended," Mr Smith said.
Mr Smith said he has not spoken to Mr Mackey since those proceedings and has had no reason to do so as the unavailability of the court's transcripts has left his matter at a standstill.
"We haven't received the transcripts and I told him that once we do, we would sit down and counsel him," he said. As for the inmates Forrester Bowe, Barry Parcoi and Corey Hepburn, who were found jointly responsible for the death of prison guard, Dion Bowles, Mr Smith said that to his knowledge their matters have not been stayed.
"We did not include them in their affidavit when we requested a stay before Justice Isaacs." he said. The Tribune also tried to get a comment on the matter from the Attorney General's office, but was unsuccessful up to press time yesterday.
By NATARIO McKENZIE, The Tribune
