Attorney seeks dismissal of 2024 case

An attorney has urged the court to dismiss a 2024 case against four St Michael men, arguing that the prosecution has had ample time to complete its file.

Three bakers, Ashamin Joe Bennett and Rondrae Ricardo Heron, both of Brownes Gap, Jackson, and Gary Everal Walker, of Small Gap, Bridge Gap, along with labourer Dujohn Dwayne Briscoe, of Port Road, My Lords Hill, have denied that on August 24, 2024, they trespassed on the home of Gregory Hamilton with intent to inflict grievous bodily harm on him and, at the time, had with them a hatchet, cutlass, hammer and knife.

After the prosecution said the case file was not yet complete because statements were still outstanding, lawyer Samuel Legay strongly urged the court to dismiss the case for want of prosecution.

Legay said: “I was told that the matter would start today. These men have been coming to court on each and every occasion. On each occasion the prosecutor made promises, and now today we hear that four other statements are needed to complete the file. I do not think it is acceptable at this stage to come and say this.”

Legay, who represents Briscoe, told District ‘A’ Magistrates’ Court No. 1 that it was his understanding that Hamilton had returned to his country.

Saying the complainant had already given a statement, prosecutor Sergeant Victoria Leacock told the court the outstanding statements were from police officers.

But the defence attorney said: “Two years have already passed and as much as the court is indicating to give the prosecution a chance again…what are we waiting for? Four police officers to give statements? Why in 2026 are we waiting to get four statements from four police officers? Is this the kind of tardiness we are encouraging? My application is strong that the matter be dismissed for want of prosecution.”

The prosecutor said that she would contact the Immigration Department regarding the complainant.

Acting Chief Magistrate Douglas Frederick adjourned the case until Thursday.

(JB)