Advocates’ independence questioned by woman on drug supply charges

Lucia Pagliarone, 34, who founded the Guernsey Drug Strategy Campaign, is accused, along with two others, of supplying cannabis to others.

In the Magistrate’s Court where she declined local representation, she argued that the Law Officers of the Crown had supervision and oversight over other advocates, who could therefore not be independent.

As all advocates, including prosecutors, were members of the Guernsey Bar, they were all working together, she said.

‘I will exercise my right to make no comment until I have had the chance to engage with un-conflicted legal counsel,’ she told the court.

Ms Pagliarone, who at a previous hearing had given her address as La Maison Clemente, St Jacques, St Peter Port, asked for the matter to be adjourned. She said she wanted to call one witness who would support her argument.

Director of criminal prosecution, Crown Advocate Fiona Russell, said the court needed to be mindful of the relevance and admissibility of any evidence it received.

‘We do not know what this evidence relates to or what it is about,’ she said. ‘There needs to be some sort of enquiry on that before this application can be granted.’

Advocate Russell and the Guernsey Bar Council, which was represented at the hearing by Advocate Alasdair Davidson, argued that neither HM Procureur Megan Pullum or HM Comptroller Robert Titterington had a role in the supervision of advocates as Ms Pagliarone claimed.

Deputy Bailiff Jessica Roland said the court could not answer arguments over admissibility until it had seen the evidence that Ms Pagliarone wanted to introduce.

Advocate Russell said it would help if Ms Pagliarone would say who she wanted to call, but Ms Roland said the court had to proceed carefully and slowly.

The application to adjourn proceedings was granted. Ms Pagliarone was given 14 days to submit her argument in writing, after which the prosecution will have seven days to respond. Another hearing will then take place.

Advocate Russell said HM Procureur and HM Comptroller may wish to attest that time.

Ms Pagliarone is also charged with two counts of contempt of court. It is alleged that having been served with a notice prohibiting disposal of her assets, she transferred sums of £2,200 and £5,729.57 to others. Both matters are alternative charges to ones of transferring the proceeds of drug trafficking.

The case came before the Magistrate’s Court for the first time on 12 April. A date for committal to the higher court was originally set for 9 June but it has not yet happened.

No pleas have been entered and Ms Pagliarone has been bailed with a condition not to leave or attempt to leave the island.