A City magistrate threw out a gun charge against a St Michael man on Wednesday after the prosecution failed to serve the defence with disclosure.
Junior Louis Delisle Roachford of Corday Avenue, Bayville walked out of the District ‘A’ Magistrates’ court free of the indictable charge that on February 7, 2022 he had a firearm without a valid licence.
When the case was called before Magistrate Angela Knight, defence attorney Kyle Walkes told the court that a final adjournment had been given at the last sitting for the prosecution to serve his side with disclosure. He asked that the case be dismissed if the prosecution was not ready to serve the defence.
Prosecutor Sergeant Verdon Forde said a file was ready and being vetted. He asked the magistrate for just one more opportunity to serve the accused and his counsel with disclosure.
“This is not good enough,” Walkes rebutted, adding that if the prosecution did not have the necessary documents, “this matter should be dismissed as written down. It’s not for the prosecutor to come and get more time”.
Magistrate Knight then made it clear that she had already “sent a signal”. She said: “We can’t be falling into the same trap all the time. Someone has to come . . . I cannot accept empty words . . . I am not getting enough . . . someone needs to bring the file, come here.
“A final adjournment means a final adjournment. We cannot change the goalpost all the time unless we have a reason to move it.”
The magistrate added: “This date [Wednesday] would have been known as the final adjournment date. It is here in red [ink]. Your words do not carry enough information in them . . . Final means final; it [the charge is] gone. You win some, you lose some, final means final!”
