Bridgetown.
The Caribbean Court of Justice (CCJ) has refused the application to dismiss a murder charge against Frank Gibson and ordered the Registrar of the High Court of Barbados to fix a date in November for his trial.
Gibson was charged with the murder of Francine Bolden in January 2002 and with the exception of a ten month period while he was on bail has has been in prison awaiting trial.
In June, 2010, the CCJ ruled that Gibson trial would not be fair one if through lack of means, he was deprived of the services of a forensic odontologist in light of the nature of the evidence the State wish to lead against him.
The Court said the proper course to follow was to allow the State and Gibson's lawyer to hold discussions in relation to the funding on an odontolgist and that the negotiations should culminate in the State paying or undertaking to pay for the assistance of the expert.
The CCJ placed Gibson on bail with one surety in the sum of $10,000 and ordered that his lawyers and the Solicitor General be given until July 15, 2010, to reach an agreement in relation to securing the services of the odontologist.
The Court was informed recently that no agreement had been reached and that Gibson remained on remand because he could not fine asurety.
On August 17, Gibson filed an application for an order that the murder charge be dismissed on the ground that the state has failed to provide or make any reasonable offer to provide funding for the services of an odontologist.
The application was heard by the CCJ on September 27 and the Court found that there was no proper basis for the applicant's claim that the state had made no reasonable offer to provide for the funding of the odontologist, it rejected the application and expressed the view that attorneys in the offices of the Director of Public Prosecutions and the Solictor General meet with Gibson's attorney's to make a concerted effort to agree on the reasonable expenses to be borne by the state to facilitate the attendance of an expert forensic odontologist to assist in the defence of the accused.
The Court also ordered a removal of the stay and agreed that bail should continue on the condition of a surety in the sum of $10,000.
