{"id":20451,"date":"2018-10-01T15:47:14","date_gmt":"2018-10-01T19:47:14","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=20451"},"modified":"2018-10-01T21:25:03","modified_gmt":"2018-10-02T01:25:03","slug":"commentary-crown-counsel-adlai-smith-wilful-exposure","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-crown-counsel-adlai-smith-wilful-exposure\/","title":{"rendered":"COMMENTARY: Crown Counsel Adlai Smith – Wilful Exposure"},"content":{"rendered":"
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BY RAWLSTON POMPEY<\/p>

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While many persons continue to languish on remand at Her Majesty\u2019s Prison, and many others remain on bail, often under often stipulated restrictive bail conditions, all are anxiously awaiting trial. Instructively, in the \u2018…Universal Declaration of Human Rights,\u2019 it partially states \u2018…All are equal before the law,<\/g> and are entitled without any discrimination to equal protection of the law\u2019 [UDHR: 1948: Article 7]. This will have been constitutionally strengthened when persons became amenable to law. Even as the court of public opinion had often found the innocent guilty, it may have been for this and other reasons that the Constitution provides for the \u2018…presumption of innocence.\u2019<\/strong> It states without ambiguity, \u2018…Every person who is charged with a criminal offence<\/g> shall be presumed to be innocent until he is proved<\/g> or pleaded guilty\u2019 [CO: 1981: Section 15 (2)].<\/p>\n\n\n\n

POWERS OF OBSERVATION<\/strong><\/p>

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Though\nthere was \u2018…no flaw in the law,\u2019 Crown Counsel Adlai Smith, sought to\ndistance himself, from an apparent critical reviewing oversight, which may have\noccurred during the vetting, reviewing and indictment process. To all intents\nand purposes, he may have inadvertently showed that Defence Counsel Ralph\nFrancis, not only possesses keen \u2018…Powers\nof Observation,\u2019<\/strong> but also appeared more adept and meticulous in paying\nattention to details. Detecting an oversight in \u2018age discrepancies,\u2019 <\/strong>such may have escaped the attention of legal officers\nwithin the office of Director of Public Prosecutions (DPP). Such detection was\nmade while reviewing the depositions and a\n\u2018Certificate of Birth\u2019 <\/strong>of an alleged sexually assaulted victim by his\naccused\/client. The law states \u2018…Where a male person has sexual intercourse\nwith a female person who is not his wife, with her consent and who has attained\nthe age of fourteen years, but has not attained the age of sixteen years, he is\nguilty of an offence and liable on conviction to imprisonment for ten years\u2019\n[Section 6 (1): Sexual Offences Act: No. 9 of 1995]. <\/p>

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PERSPECTIVE<\/strong><\/p>\n\n\n\n

This\ncommentary specifically looks at recent developments within the prosecutorial\nsection in the office of the Director of Public Prosecutions and media reports\non statements attributed to Crown Counsel Adlai Smith. The statement that became\nmedia-frenzy had \u2018…provoked citizen\u2019s outrage; ……stirred emotions; and\ntriggered wild speculations, fueling intense public discussions. It is clearly\nnot about what he had done in performing his prosecutorial duties, but that\nwhich was revealed to the public through the media. While many may take umbrage\nover his public utterances, that may precipitate an official probe, none may\nquestion his\u2018…professional\ncompetence or integrity, nor in any way, impugn his character or impute\nulterior motive.\u2019 Even so, it might bring pragmatic administrative consequences\nnot to ignore utterances that may have implications for \u2018…prosecutorial\nefficiency; …staff unity, loyalty and cohesiveness.\u2019 <\/p>

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ILLUSIONS OF GRANDEUR<\/strong><\/p>\n\n\n\n

It\nis universally known that persons harboring \u2018…Illusions of Grandeur,\u2019<\/strong> often assumed positions not prescribed,\nneither in the Supreme Law\u2019 [CO: 1981: Section 2], nor in any other law.\nIrrespective of \u2018…imaginations or inclination; or machinations or collusion,\u2019\njunior members of staff on assignment in the office of Director of Public\nProsecutions, shall know that \u2018…a Crown Counsel is not the DPP, and the DPP\nis not a Crown Counsel.\u2019 While the Constitution provides for the appointment of\na person to act in the capacity of Director, in given circumstances, there is\nno provisional arrangement for a position of \u2018…Deputy Director.\u2019 Even so, for\nthe effective operation, functioning and management of such office, a DPP may\ndelegate authority to staff subordinate to him, based upon their knowledge and\nexperience and professional competencies.<\/p>

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PERCEPTIONS OF NEGATIVITY<\/strong><\/p>

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No\nmatter the hopes, dreams or aspirations, there shall be no illusions that the\noffice of the Director of Public Prosecutions is an office of great\nsignificance to the administration of justice. There may also be no delusional\npersons occupying positions in such office that speaks to \u2018…integrity,\ntransparency, accountability and public trust.\u2019 If by contrivance or\nill-conceptualized ambitions, staff opportunistically seeks to make\nself-serving public statements, such may not only be seen as undermining lawful\nauthority, but may also have the effect of bringing the office into disrepute. When\nAdlai Smith, Crown Counsel I, subordinate only to Director of Public\nProsecutions (DPP) Anthony Armstrong made public revelations of what transpired\nwithin the \u2018…confines of judicial privacy,\u2019 although nothing detrimental had\naffected the administration of justice, he may still have been in breach\nprofessional ethics. That which he had divulged, appeared to have led media\npersonnel and members of the public into harboring \u2018…Perceptions of Negativity\u2019<\/strong> of (a) …the office of the DPP; (b)\n…Committal proceedings; (c) …Criminal investigations; and (d) …Criminal\njustice system.\u2019<\/p>\n\n\n\n

POWERS OF DPP<\/strong><\/p>\n\n\n\n

The\nConstitution has made it sufficiently clear that \u2018…There shall be a Director\nof Public Prosecutions (DPP)\u2019 [CO: 1981: Section 87]. The Constitution unambiguously\nstates, \u2018…The Director of Public Prosecutions, shall have the power in any\ncase in which he considers proper to do so, (a) …To institute and undertake criminal proceedings against any\nperson before the Court; (b) …To take over and continue any such criminal\nproceedings; and (c) …To discontinue at any stage before judgment is\ndelivered, any criminal proceedings instituted or undertaken by himself, or any\nother person or authority\u2019.<\/strong> Such powers are not only exercisable by the\n\u2018DPP,\u2019 but also to the exclusion of any other person or authority\u2019 [Section\n88].\u00a0\u00a0 <\/p>\n\n\n\n

PROSECUTORIAL\nAUTHORITY<\/strong><\/p>\n\n\n\n

As\nrepresentatives of the Director of Public Prosecutions (DPP), delegated \u2018…Prosecutorial Authority\u2019<\/strong> to Crown\nCounsels shall not be viewed as merely work distribution among staff. Those who\nmanage know that it is primarily to bring them up in an environment and to\nprovide opportunities to staff with prospects of becoming adept in public\nprosecutions. In short, for the professional development of such staff, they\nare positioned to inter alia, \u2018…sharpen their prosecutorial, persuasive and\npublic speaking skills.\u2019 These are among the attributes that help to inspire\nconfidence in the citizenry, that such may be transferred to the Judiciary that\nhas ultimate responsibility for the administration and dispensation of justice.\nThus, if the task at hand is approached lackadaisically or unprofessionally,\nsuch persons may inadvertently cause acute embarrassment to the office and\noffice holder and waned public confidence. <\/p>\n\n\n\n

WILFUL EXPOSURE<\/strong><\/p>\n\n\n\n

Though\nnot recognized in some jurisdictions, in most democracies, that which is\nrecognized, is that \u2018…all accused persons are equal before the law.\u2019 Not\ninfrequently, accused persons desirous of having pending criminal cases\ndisposed, are not only left in a quandary, but also in frustration and despair.\nGiven disclosures by Crown Counsel Adlai Smith of the botched\u2018…Sexual Offences Case,\u2019 while he\nhad caused an innocent man to walk free of a charge in which it appeared he had\nbeen \u2018…Tricked and Framed; …Exploited\nand extorted; …Arrested and Charged; and Committed and Indicted,<\/strong>\u2019 Crown\nProsecutor Adlai Smith may find it difficult in absolving himself from\nembarrassment for the apparent negligence and \u2018…Willful Exposure\u2019<\/strong> of those he may either have unintentionally\nor intended to expose for reasons of inefficiency. While it may have been seen\nas an act of treachery, and seemed to have been directed to (i) …the office\nof the Director of Public Prosecutions; (ii) …unidentified junior members of\nstaff; (iii) …the Magistracy; and (v) …Criminal investigators,\u2019 to all\nintents and purposes, it suggested that \u2018…All\nis not well.\u2019<\/strong> <\/p>\n\n\n\n

JURISDICTIONALLY\nIMPOSSIBLE<\/strong><\/p>\n\n\n\n

Incidentally,\na \u2018…Sexual Offences Case,\u2019<\/strong>\nreportedly pending trial for just about one year, appeared to have selectively\nwend its way before his Lordship Justice Ian Morley in the \u2018…September 2018\nCriminal Assizes.\u2019 This appeared to have led to a \u2018…Crown Counsel inspired\npublic speculation that even as the public have particular interest in some\ncriminal trials, some cases appeared to be taking an eternity in attracting\nprosecutorial attention. Many accused persons have not only been making public\nclamoring, but also would like to see prosecutorial closure to their cases.\nCases that have been given particular media attention has been those for\n\u2018…former Board of Education (BOE) Executive Secretary D. Giselle Isaac [May\n19, 2016]. Though not highlighted, yet of no less significance, are several\ncharges slapped against two suspended clerical staff of a Government\ndepartment, \u2018…Merle Williams and\nShaunella St. Louie\u2019<\/strong> [October 27, 2015]. <\/p>\n\n\n\n

SELECTIVE\nPROSECUTIONS<\/strong><\/p>\n\n\n\n

While\nthere are countless accused anxiously awaiting expeditious disposals of their\ncases, the three female-accused who have been long committed to stand trial,\nthey expect no less attention being focused on bringing their cases before the\nJury at the earliest opportunity. This may show consistency and eliminate wild\nsuggestions of selective prosecutions. The duo was alleged to have committed several\nfinancial offences in a jurisdiction outside of Antigua and Barbuda. In the\nmindboggling developments, local investigators, acting on behalf of a \u2018…Halifax Street Bank in St. Vincent and\nthe Grenadines,\u2019 <\/strong>arrested the two accused and jointly charged them with\n\u2018…Larceny and Receiving, and \u2018…Conspiracy to Defraud.\u2019 Yet Complaints filed\nin the St. John\u2019s Magistrate\u2019s Court alleged that the offences were committed\nin \u2018…Magisterial District A,\u2019 St.\nJohn\u2019s Antigua\u2019 [October 27-29, 2015].<\/strong> <\/p>\n\n\n\n

WHEELS OF JUSTICE <\/strong><\/p>\n\n\n\n

None\nmay deny that a heavy prosecutorial workload had been devolved on the office of\nthe Director of Public Prosecutions (DPP). None may also deny the incessant calls\nby persons with criminal offences to have their cases heard. Likened to many\naccused persons now awaiting criminal trials, the female accused earlier\nreferred to, may have been given justifiable reasons to give acute\nconsideration to the recognized legal principle and popular quote, \u2018…Justice too long delayed is justice\ndenied\u2019 [Letter from Birmingham Jail: 1963].<\/strong> Though of no personal interest\nor significance, at the risk of being seen as advocating for the \u2018…Wheels of Justice\u2019<\/strong> to turn for a\nmentioned few, this commentary was spurred by the experience of \u2018…an alleged\nsex offender\u2019 and quote by an immortalized Civil Rights activists, Martin\nLuther King Jr [January, 1929 – April, 1968]. <\/p>\n\n\n\n

PUBLIC SCRUTINY<\/strong><\/p>\n\n\n\n

Either\nseeking to impress media personnel of his professional competency or\ncalculatedly seeking to expose that which may have been seen as a lack of\nobservation, comments attributed to Crown Counsel Adlai Smith had\u00a0 subjected the office of the Director of\nPublic Prosecutions to \u2018…Public\nScrutiny.\u2019<\/strong> The electronic media had quoted him as saying \u2018…It was the\nfirst time I got sight of the matter; …It is one of those matters that was\nrecently assigned to the Sexual offences Court, so Ralph Francis drew my attention to the submissions he made on the Magistrate\u2019s\nCourt, and I had a look at the child\u2019s Birth Certificate and she was in fact\nover 16; <\/strong>…So now, naturally I don\u2019t have a case; …As the prosecutor I offered no evidence and I withdrew the Cases\u2019 <\/strong>[OMG:\nSeptember 27, 2018]. Professional ethics dictate that such may have been\nreferred to Director Anthony Armstrong. This could lead to speculations that he\nmay not have been the assigned prosecutor. If he was, it might easily be\ninferred that he was at best, grossly negligent\u2019 and worse, an act akin to treachery.\n<\/p>\n\n\n\n

SEX CRIME CASE \u2013\nPOLICE ERRED<\/strong><\/p>\n\n\n\n

Even\nwith the non-queried media quote, either to provoke public interest or caused\nalarm, the story was headlined \u2018…Sex\nCrime Case Dismissed, Police Erred\u2019<\/strong> [OMG: September 27, 2018]. In fact, the\nCrown Counsel; …Defence attorney; …accused; …the Judge and officers of\nthe Court were the only people present inside the Court Room. Thus, whatever\nmay have been his prosecutorial or personal agenda, Crown Counsel Adlai Smith\nmay have been reckless in revealing that which had transpired in the brief\nmeeting that had reportedly \u2018…lasted for no more than five minutes\u2019\n[September 29, 2018]. In the in camera pre-trial meeting with Justice Morley,\nsuch was convened primarily to ascertain the status and prima facie evidence,\nnecessary to determine whether a 53 year-old\u00a0\nalleged sex offender shall engage the Jury in a trial. Relief came to\nthe accused after suffering the indignity of arrest and one year of traumatic\nstress and anxiety. <\/p>\n\n\n\n

AGE DISCREPANCIES<\/strong><\/p>\n\n\n\n

There\nhad been no empanelling of a Jury, and no trial had commenced. Factually,\n\u2018…an Oversight of Age Discrepancies\u2019 <\/strong>of\nthe victim had negative the prospect of trial. Except for the accused, no\nwitnesses were reportedly in attendance. The alleged sex offender had been (a)\n\u2018…wrongly accused; (b) …falsely arrested; (c) …unfortunately committed\nand indicted.\u2019 The logical course was to ensure that there was no malicious\nprosecution for allegedly \u2018…having sexual intercourse with a girl under the\nage of sixteen years\u2019 [Section 6(1): Sexual Offences Act: No. 9 of 1995]. In\nrushing to action, investigators appeared to have relied upon a date of birth\non the verbal assurances of both mother and victim. Thus, they had made the\ngravest of mistakes in arresting the accused without documentary evidence. This\nwas further compounded by a detrimental oversight, when the Certificate of\nBirth revealed otherwise.<\/p>\n\n\n\n

DECEPTIVE SEXUAL PLOY<\/strong><\/p>\n\n\n\n

It\nwas clearly an undetected, \u2018…Deceptive\nSexual Ploy,\u2019<\/strong> designed to extort money from an unsuspecting accused, by\nverbally reducing the age of consent of sixteen to fifteen years.\u2019 This saw\ncriminal investigators being easily deceived, leading them into \u2018…making\nfalse assumptions; …reaching irrational conclusions; and rushing hastily into\nprosecutorial actions.\u2019 Though there are available legal courses and remedies\nto the accused, the Crown Counsel may still by his apparent unauthorized\ndisclosure, may have caused harm to the integrity of the office, and\nembarrassment to the DPP and colleagues in his office. Such contentions were\nbased upon the post disclosure of the \u2018…in camera pre-trial meeting\u2019 with\nJustice Ian Morley and the erudite defence attorney, Ralph Francis. This may\nhave been promptly communicated to the DPP.<\/p>\n\n\n\n

PROSPECT OF CONVICTION<\/strong><\/p>\n\n\n\n

The\ncharge and indictment was evidentially dependent upon the age factor. Other\nthan this, and the credibility of the virtual complainant and other deponed\nwitness, it was clear that there was no \u2018…Prospect\nof Conviction.\u2019 <\/strong>Though belatedly and embarrassingly pointed out to him,\nlack of respect for the delegator of prosecutorial authority, suggests much\nmore than \u2018…grossly negligent,\u2019 but also a state of \u2018…power-drunkenness.\u2019\nThe Director of Public Prosecutions, Anthony Armstrong, shouldering a grave public\nresponsibility, shall have exercised powers residing with him, may have\n\u2018…Fiat\u2019 a discontinuation.\u2019 Besides, since the accused had clearly been\nwrongly charged, committed and indicted, the DPP was duty-bound to act lawfully\nin directing a \u2018…Nolle Prosequi\u2019 (no further prosecution). <\/p>\n\n\n\n

SEX RING<\/strong><\/p>\n\n\n\n

In\nthe instant case, mindfulness of the Police investigators may have shown a\nparticular pattern of behavior. They may also have been mindful of that which\nhad not only ended the career of \u2018…former Police Constable Joseph Peters,\u2019\nbut also that which had visited upon him, resulting in punishment of\ninstitutional residency of four years imprisonment [OMG: December 20, 2017]. A\ntwelve-member Jury found guilty as a co-conspirator in a \u2018…Sex Ring\u2019<\/strong> in which the extorted sum of $150, 000 was to be paid\nby an Antiguan and Barbudan businessman [ANR: October 25, 2017]. The instant\ncase bears similar facts. A Prosecutor would have been assigned and delegated\nauthority by the Director of Public Prosecutions. His\/her professional and\nprosecutorial competencies would have been previously tested and sufficiently\nknown. Thus, with meticulous and professional thoroughness, the assigned\nprosecutor was reasonably expected to peruse \u2018…every deposition;\n…indictments and related documentary evidence.\u2019 These necessarily include\n\u2018…medical reports and Certificates of Birth.\u2019 <\/p>\n\n\n\n

CONCLUSION<\/strong><\/p>\n\n\n\n

From\na professional perspective, the revelations suggest several possible serious \u2018…Criminal Offences\u2019 <\/strong>including, (i) \u2018…Public Mischief; (ii) …Conspiracy\nto Extort Money; (iii) …Obtaining money under false pretences; (iv)\n…Perjury; and (v) …Perverting the Course of Justice.\u2019 <\/strong>Though that which\nwas revealed, albeit imprudent and professionally ill-considered, it showed\nthat which \u2018…pleasure seekers\u2019 have almost always come up against. They shall\nlearn that even as much as there may be \u2018…Orchestrated\nSex Scheme\u2019<\/strong> intended to extort money from the innocent, though they may be\nlured into the \u2018…Irrestible Pleasures of the Flesh,\u2019 prudence dictates that\nhe shall always act responsibly, sensibly and discretely. Thus, likened to the\naborted criminal trial against the alleged sex offender, seen as functioning\nindependent of the DPP, Crown Counsel Adlai Smith might wish to bring prosecutorial\nclosure to cases that\u00a0 law enforcement\npersonnel may have instituted out of \u2018…exuberance and environmental pressure,\u2019\nrather than that dictated by \u2018…Criminal Evidence and Procedure.\u2019 These cases,\nas have often been found, are usually evidentially weak and showed no prospect\nof conviction. The instant \u2018…Sexual offences Case\u2019 vividly makes the point.<\/p>\n

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BY RAWLSTON POMPEY While many persons continue to languish on remand at Her Majesty\u2019s Prison, and many others remain on bail, often under often stipulated restrictive bail conditions, all are anxiously awaiting trial. Instructively, in the \u2018…Universal Declaration of Human Rights,\u2019 it partially states \u2018…All are equal before the law, and are entitled without any […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[55],"tags":[],"class_list":["post-20451","post","type-post","status-publish","format-standard","hentry","category-letters-to-the-editor"],"yoast_head":"\nCOMMENTARY: Crown Counsel Adlai Smith - Wilful Exposure - Antigua News Room<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/antiguanewsroom.com\/commentary-crown-counsel-adlai-smith-wilful-exposure\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Crown Counsel Adlai Smith - Wilful Exposure\" \/>\n<meta property=\"og:description\" content=\"BY RAWLSTON POMPEY While many persons continue to languish on remand at Her Majesty\u2019s Prison, and many others remain on bail, often under often stipulated restrictive bail conditions, all are anxiously awaiting trial. Instructively, in the \u2018…Universal Declaration of Human Rights,\u2019 it partially states \u2018…All are equal before the law, and are entitled without any […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/antiguanewsroom.com\/commentary-crown-counsel-adlai-smith-wilful-exposure\/\" \/>\n<meta property=\"og:site_name\" content=\"Antigua News Room\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/antiguanewsroom\" \/>\n<meta property=\"article:published_time\" content=\"2018-10-01T19:47:14+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2018-10-02T01:25:03+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/mlavawteztbj.i.optimole.com\/w:auto\/h:auto\/q:mauto\/f:best\/https:\/\/antiguanewsroom.com\/wp-content\/uploads\/2017\/10\/judges-gavel-court.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"852\" \/>\n\t<meta property=\"og:image:height\" content=\"480\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Editor\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@AntiguaNewsRoom\" \/>\n<meta name=\"twitter:site\" content=\"@AntiguaNewsRoom\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Editor\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"13 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/antiguanewsroom.com\/commentary-crown-counsel-adlai-smith-wilful-exposure\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/antiguanewsroom.com\/commentary-crown-counsel-adlai-smith-wilful-exposure\/\"},\"author\":{\"name\":\"Editor\",\"@id\":\"https:\/\/antiguanewsroom.com\/#\/schema\/person\/36cac05ef6398fe56ae3e6317f8535c5\"},\"headline\":\"COMMENTARY: Crown Counsel Adlai Smith – Wilful Exposure\",\"datePublished\":\"2018-10-01T19:47:14+00:00\",\"dateModified\":\"2018-10-02T01:25:03+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/antiguanewsroom.com\/commentary-crown-counsel-adlai-smith-wilful-exposure\/\"},\"wordCount\":2679,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\/\/antiguanewsroom.com\/#organization\"},\"articleSection\":[\"Letters to the editor\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/antiguanewsroom.com\/commentary-crown-counsel-adlai-smith-wilful-exposure\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/antiguanewsroom.com\/commentary-crown-counsel-adlai-smith-wilful-exposure\/\",\"url\":\"https:\/\/antiguanewsroom.com\/commentary-crown-counsel-adlai-smith-wilful-exposure\/\",\"name\":\"COMMENTARY: Crown Counsel Adlai Smith - 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