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Daniel Smith Inquest To Begin Thursday

By Quincy Parker

Testimony in the inquest into the September 10 death of Daniel Wayne Smith may begin on Thursday morning, with the police photographer likely to be the first witness after jury selection, depending on the decision of Chief Magistrate Roger Gomez.
Mr. Gomez had been secreted away on Tuesday and Wednesday with the phalanx of lawyers representing the interests of some of the high-profile people who appear on the 40-person witness list for the proceedings.

They have reportedly been hearing submissions on the fairness of the jury, an issue raised by Wayne Munroe on behalf of Howard K. Stern, whom he represented briefly last year and has agreed to represent again in the inquest. Mr. Stern was the lawyer-turned lover of American celebrity the late Anna Nicole Smith, Daniel’s mother.

Director of Public Prosecutions Bernard Turner, who refused to discuss the substance of the submissions made in closed court, acknowledged that there is always the possibility of an appeal to Mr. Gomez’s decision.

Mr. Turner laid out how the first day might go in terms of witnesses.

"I indicated previously that we would probably call a police photographer just to put in (to evidence) certain photographic albums, and then we will pick up in terms of, as far as possible, a chronological sequence of witnesses," he said.

Some of the people on the witness list are reportedly not in The Bahamas, like South Carolina developer and Ms. Smith’s reported former lover G. Ben Thompson and his son-in-law Ford Shelley Jr.; LA photographer Larry Birkhead, who claims to have fathered Ms. Smith’s daughter Dannielynn; and Dr. Sandeep Kapoor, the California doctor who reportedly prescribed Daniel Valium and other drugs.

Mr. Turner explained a coroner’s writ runs, as any judge or magistrate’s writ would run, within the limits of his jurisdiction. The jurisdiction of a coroner, judge or magistrate in The Bahamas is The Bahamas, and so Mr. Gomez will not be able to compel anyone outside The Bahamas to come and testify.

"In respect of coroner’s proceedings, a person can be invited, if a person has some information. A summons could even be issued, but the failure to comply with the summons for a person in The Bahamas has a different consequence than a summons which is issued in respect of a person who is outside of The Bahamas," Mr. Turner said.

"If a summons is served on a person in The Bahamas and they don’t come to court there’s a compellable process. A summons served on a person outside of The Bahamas – if they don’t come to court – does not have a compellable process.

"We expect to have a number of persons present in court and we will see if those persons at the appropriate time are here."

Mr. Turner said the jury selection process is expected to take about half an hour.

There had been some speculation throughout Wednesday that the jury would have already been selected, since people on the panel of 12 persons from which Mr. Gomez will select his jury were present at the Coroners Court all day Wednesday.

The "raffle" was also present, brought over by one of Mr. Gomez’s clerks, fuelling that speculation even further.

However, the Journal has been assured that jury selection will not commence until Thursday morning, following Mr. Gomez’s ruling on the fairness of the jury submissions.

http://www.jonesbahamas.com/?c=45&a=12118