A magistrate yesterday delayed the decision in the high-profile drug case of Stephen 'Die' Stubbs because of a last-minute constitutional motion filed by a co-accused. Magistrate Carolita Bethell declined to deliver her decision against Stubbs and Selva Hudson, after learning that a judge had stayed the matter in respect of Dion 'Buju' Minnis until August 28. Neither Minnis nor his lawyer Dion Smith were present.

The men are facing charges regarding the seizure of 4,000 pounds of marijuana on Exuma in September 2009. A fourth defendant, David Colebrooke, has jumped his $35,000 bail. Smith, who is the deputy speaker in the House of Assembly, had initially asked the court to deliver the ruling at 11 a.m. instead of 10 a.m. because he had parliamentary duties. She later learned that Smith was in the Supreme Court, arguing a constitutional motion.

Franklyn Williams, the deputy director of public prosecutions, said, "The motion only involves Dion Minnis. If you wish, you may proceed against all persons except Dion Minnis." The magistrate observed that she would have to edit her decision to remove all references to the evidence in relation to Minnis and her findings in respect of him. She proposed delivering the decision at 2 p.m. But Murrio Ducille, who represents Stubbs, and Ian Cargill, who represents Hudson, said they were not available.

Ducille was not willing to send one of the lawyers from his firm and Cargill said his associate was on vacation. Magistrate Bethell then decided to wait until the stay expired. She will now deliver her decision at 9 a.m. on August 29. Ducille said, "I have appointments between 6:30 a.m. and 9 a.m." When Williams suggested that Ducille send a junior in his place. he said, "Mr. Williams, you really don't run my office."

Minnis' lawyer, Dion Smith, told The Nassau Guardian that he is alleging a breach of the constitutional right to be present at trial. Smith said the court did not adjourn the case on July 16 and heard closing submissions, although Minnis had sent in a sick slip. Smith said Justice Bernard Turner heard the motion yesterday and will hear further submissions on Monday. According to Smith, Director of Public Prosecutions Vinette Graham-Allen has asked the court to strike out the motion on the grounds that it is "frivolous and vexatious" and an abuse of the court's process.

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