For the second time this week Magistrate Douglas Frederick has called on the prosecutor’s desk to get files to court in a timely manner especially for aged cases.
However, unlike earlier this week when he dismissed several old cases, he kept a five-year-old case alive in the system and gave the prosecution the adjournment they sought due to the “technical nature” of the cases.
Jamal Jarrel Thomas, of Apart 5, 6th Avenue Club Morgan, Christ Church has been on $15,000 bail since his first appearance in court on four criminal charges.
Thomas was 23 years old when he was charged with knowingly having possession of child pornography on a computer system for the purpose of publication and knowingly circulating such pornography via the computer sometime between November 1, 2014 and June 29, 2015.
He is also charged with sending an obscene electronic communication via a computer that was intended to cause, or was reckless as to whether it caused, distress to a woman to whom he sent it. He is further accused of assaulting the same complainant on June 20, 2015.
He has not been required to enter pleas to the charges, as they are indictable.
When his case was called today, Sergeant Edwin Pinder requested a further two-month adjournment due to the “complexity” of the matters.
The accused responded to the court, “It shouldn’t take so long because they have my things, my phone.”
Magistrate Frederick agreed that the matter has been lagging in the system but said he was not minded to dismiss it at this time due to the fact that the charges are for computer misuse and child pornography.
“Police now have to have skills to be able to extricate even things you may have deleted from your phone or your computer and that requires expertise. But it shouldn’t take so long, but it is technical, this is different,” Frederick stated.
The magistrate added that these cases were “new ground” and in that regard it might be a bit more complex because computer experts would need to be engaged.
“But by now they should have had something,” Frederick said. “But the point is if I had kept you on remand you would be on remand still . . . So that is why I am trying to tell them to get the files for the man, to see if he guilty or not guilty or send it up to the High Court . . . so that he could get on with his life.”
The case against Thomas was then adjourned to continue in the No. 1 District ‘A’ Magistrates’ Court on October 17.