Magistrate Douglas Frederick today told the police prosecution that it “must pull out all the stops to get the file” in the matter against murder accused Akeem Jamar Forde to court on October 15.
Forde, of Apt No 1 Pleasant Hall Land, St Matthias, Christ Church is accused of murdering Torian Earle on January 28, 2014.
The accused, who was 24 years old when he was charged for the capital offence cannot enter a plea in the Magistrate’s court to the indictable offence as it can only be tried in the High Court.
When Forde appeared in the District ‘A’ Magistrate’s Court earlier today he informed the magistrate that he had been on remand at HMP Dodds for the last 55 months and the prosecution had yet to produce a file in the case in order to have it started.
“Sir this is too long . . . and for the prosecutor to come back today and ask for another adjournment,” the accused stated, even as he claimed that the prosecution and the police were “buying time” by keeping him at the St Philip penal institution.
The magistrate then questioned the prosecution on the whereabouts of the file.
Sergeant Rudy Pilgrim explained that the initial investigating officer had since left the Royal Barbados Police Force, while the backup officer had passed the file on to another high-ranking officer who had since died.
“There is a file but it has to be resurrected,” Pilgrim submitted and made it clear that “there is nothing sinister from this side pertaining to the accused”.
That did not sit well with Forde who argued that the shackles and manacles should be taken off him as a result.
“Literally, the file missing . . . so that means I should be going through that door this morning because they have not the foggiest idea where that file is. I rest my case,” Forde said.
Frederick also took the prosecution to task on the delay of producing a file on the capital offence.
“I take no pleasure in dismissing a
matter like this for the simple reason that a matter like this has tremendous public interest. But it doesn’t seem as though you all are giving it [priority] and he is pleading to be set free,” the magistrate told the prosecutor.
He then told the accused: “You had the date October 15. That date is the final day that I will come here with regards to the file. If on that date they don’t produce a file or at least come and give me something reasonable about this file . . . [because] somebody in charge must come and speak with respects to this file . . . , I will have to dismiss the matter. October 15 is the final adjournment.”