Smith's lawyer quizzes police officer over cash payments

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

FORMER PLP Senator Frank Smith's lead attorney yesterday asked a senior police officer if he had verified the virtual complainant's claims that his client demanded cash payments for helping her get a cleaning contract with the Public Hospitals Authority before moving to charge him over the allegations.

Keith Knight, QC, asked Superintendent Uel Johnson if he had secured enough evidence to corroborate with Barbara Hanna's claims that Smith demanded $5,000 per month from her in exchange for his assistance in getting her the $500,000 contract to clean the Critical Care Block of the Princess Margaret Hospital.

Mr Knight, in cross-examining the officer, reasoned that when a complaint is made to the police, it is regarded as an allegation, and that it would be incorrect and improper for an investigator to instead regard those claims as fact. With that understanding, he suggested that what was contained in Supt Johnson's report was not consistent with the charges against his client.

In response, Supt Johnson said at the time he interviewed Smith over the allegations, which was in July 2017, he did make further inquiries at the PHA, BTC, the Registrar's Office, and Mrs Hanna in a bid to verify the accusations, but stressed that his investigation was still ongoing at the time, as Smith wasn't charged until days later.

Supt Johnson further maintained that an investigation does not take place over the course of "one or two days," but can continue while the trial is taking place and can last up until the end of those proceedings.

Prior to Mr Knight's assertions, the court was shown a video of Smith's initial record of interview over the allegations on July 19, 2017. Smith's other attorneys Damian Gomez, QC, as well as Philip McKenzie were present during the interview, as well as another senior officer.

During that interview, Supt Johnson put forth allegations to the former senator that former Deputy Prime Minister Philip "Brave" Davis advised or instructed Smith to assist Mrs Hanna in obtaining the contract for $43,350.89 per month, and when she was successful in doing so, he asked her to pay him $5,000 per month.

Supt Johnson also alleged that Mrs Hanna told Smith that doing so would interfere with her business, and that when she told Smith to factor the payments into the contract amount, he in turn said he couldn't do so because the contract was already being processed.

Supt Johnson alleged that Smith subsequently received $5,000 per month from Mrs Hanna between March 2016 and March 2017. However, sometime during May 2017, after the general election, Supt Johnson asserted that Smith allegedly contacted Mrs Hanna and said he wanted to see her. Supt Johnson claimed when they met, she told Smith she was not going to give him any more money because his political party, the PLP, was out of power.

Smith denied all of the allegations during the interview.

When further questioned by the officer as to whether he knew Barbara Hanna, Smith said "I know a number of Barbara Hannas."

When asked if he knew the owner of Magic Touch, Mr Smith said he didn't, but suggested that the officer show him a picture of that individual.

When the interview came to an end, Smith declined to read and sign the record of interview on the advice of his attorneys.

It was also revealed in court that Mrs Hanna said she borrowed some $20,000 from Smith's lending company to subsidize her business, and that she also produced Commonwealth Bank receipts that substantiated her statements that she repaid her loan to Smith.

The case continues today.

Smith is on trial before Chief Magistrate Joyann Ferguson-Pratt on 15 criminal charges concerning his alleged solicitation of $65,000 in bribes from a woman he is said to have assisted in getting a contract. He is currently out on $50,000 bail.

It is alleged that Smith, between April 2016 and April 2017, in respect of his duties as a public officer, demanded and obtained $5,000 a month from Mrs Hanna, knowing he was not lawfully authorised to do so.

He is also alleged to have attempted to extort another $5,000 from Mrs Hanna.

Concerning the bribery charge, it is alleged that he solicited $5,000 a month from Mrs Hanna for aiding her in getting a contract with the PHA.

Smith pleaded not guilty to all the allegations during his arraignment.

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