JUSTICE Franklyn Holder, who tried the Samantha Belle scooter robbery/murder case, yesterday freed accused Rayburn Harvey on ground that the prosecution had failed to make out a prima facie case against him. It was alleged that Harvey had shot Samantha Belle and had taken away her scooter after she had refused to hand it over on demand by the accused and his partner.
Harvey thanked the judge and left the courtroom after he was discharged. The jury was also discharged.
Harvey was represented by Attorney-at-Law Ronald Burch-Smith, and was not called upon for a defence.
After the prosecution had closed its case last Friday, following the testimony of five witnesses, Attorney Burch-Smith elected to make a no-case submission in the jury’s absence.
Justice Holder accepted the no-case submission yesterday morning, and discharged the accused of the offence, which had allegedly been committed on March 18, 2006.
The prosecutors involved in the case had done their best, but the fault lay with their witnesses, who had given improper evidence.
This concluded trial resulted from a retrial ordered by the then trial judge because the former jury had disagreed on a verdict.