There was no mincing of words by Magistrate Douglas Frederick today as he took the prosecutor’s desk to task for failing to have the necessary disclosure to move several dated cases forward.
“This is not acceptable . . . this is a serious thing,” Frederick said as he was forced to dismiss three cases in the No. 1 District ‘A’ Magistrates’ Court.
Julian Roland Holder, of Roberts Gap, Halls Road, St Michael and Junior Christopher Lowe, of no fixed place of abode, walked out of the court free of a burglary charge.
The two were 39 and 38 years old respectively when they were charged with entering the house of Angela Bryan as trespassers on October 22, 2012 and stealing a number of items worth $1,655.75. Lowe was separately accused of having a screwdriver and ski mask, articles for use in connection with theft on the same day.
The prosecutor requested an adjournment in the case.
Accused Lowe addressed the court telling the magistrate that the case against him was almost seven years old and it “doesn’t seem that they have a file”. Holder meanwhile said the matter was taking too long.
It was at that time the magistrate questioned why the prosecution was seeking another adjournment and the response was that they were not in possession of a file.
“This is not acceptable. This is a matter from 2012. I am sure that this person [complainant] will be aggrieved. This is breaking and entering . . . it is alleged that Lowe had a ski mask and screwdriver,” the frustrated magistrate stated as he dismissed the matter for want of prosecution.
Moments later he had to go the same route on a charge levelled against Shaneka Crystal Kyesha Nicholls, of Rose Hill, Kendal Hill, Christ Church. She was 24 years and had been on $5,000 bail, charged with wounding Renita Blackett on April 9, 2016 with intent to maim, disfigure or disable her or to do some serious bodily harm to her.
In that case, the prosecution told the magistrate that the file had not yet been completed and gave the assurance that it would be “sorted” in a month.
“This is a serious thing,” said the magistrate who went on to say that such a hold up was impacting all parties concerned.
“You have to tell the investigators this. They are working, getting a salary,” Frederick said.
Nicholls then informed Frederick that on the last sitting he had given a final adjournment on the matter.
“They had ample time to do what they had to do. I was here long enough,” the accused stated.
Frederick responded: “I had written final adjournment on it and he is asking me not to be a man of my word.
“That’s the second time they did this for the day bringing half-baked things,” he added as he made reference to matter against Bertam Fabian Quintyne, of Manns Gap, Passage Road, St Michael which was dismissed earlier in the day.
Quintyne had been accused of causing serious bodily harm to Terry Welch on August 3, 2015 with intent to maim, disfigure or disable him or to do some serious bodily harm to him.
“They have to set a standard,” Magistrate Frederick stated.