‘Fear’ made detainee run from lawmen

Defence attorney Samuel Legay has urged a High Court Judge to show some leniency to his client who he said fled from police back in 2016 simply “out of fear”.

Legay was mitigating on behalf of St Philip resident Andrew Melvin Franklyn who had pleaded guilty to escaping from the Oistins Police Station without the use of force and assaulting constables Joseph Green and Rakem Gunning in the process on August 25, 2016.

The lawyer explained that Franklyn is known to the courts for theft, assault, criminal damage and burglary and was familiar with the police process.

“In earlier times he would have been picked up by police officers and, for one reason or the other, he was beaten. So therefore on this occasion when he was picked up by police officers and taken to the Oistins Police Station he became fearful remembering those days.

“It is as a result of feeling fearful that led to him . . . escaping lawful custody. So he didn’t use any force, didn’t push any police officer down, he didn’t damage any property. He just simply ran out of the police station . . .
because the thought of it again overwhelmed him . . . and he ran,” Legay told Justice Randall Worrell.

He also explained that the assaults on the officers were not intentional as they occurred when they attempted to recapture his client, who received more of the serious injuries and had to get medical attention.

He further submitted that Franklyn’s crimes did not reach the threshold for a custodial sentence to be imposed. Instead he urged the court to consider a fine.

Prosecutor, Senior Crown Counsel Olivia Davis, agreed with the submission but argued that the fine should reflect the “seriousness of escaping and officers being injured while executing their duties”.

It is expected that Franklyn will be sentenced when his matter is called again before the No. 2 Supreme Court on May 30.

Davis revealed that Franklyn was sitting in an area under the stairs of the station in handcuffs with a police constable nearby. That officer subsequently received a telephone call which he took at the front desk. Soon after, an off-duty officer there shouted ‘look that man running’ when Franklyn passed the desk in a brisk walk, then ran past the front desk and out the front door of the station. Police immediately gave chase as Franklyn ran into the Scarborough area after jumping over the guard wall of the Oistins Magistrates’ Court before crossing the road.

Officers lost sight of him at one point but subsequently saw Franklyn who had been dressed, unclothed and without handcuffs.

He then jumped over another guard wall. The officers followed suit and Franklyn cuffed and kicked at officers Green and Gunning as they tried to subdue him.

They then returned to the police station where all three appeared to have bruises and or lacerations.

The convicted man previously told the court “I take full responsibility for my actions. I am very sorry. . . I went into the police station, I was placed on a bench, while there I decided to run. It was all because of fear.”