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ACTING Chief Magistrate, Priya Sewnarine-Beharry yesterday upheld a no-case submission by attorney-at-law Ms. Jaya Manickchand and dismissed the charge of unlawful assault causing actual bodily harm against Information and Press Liaison Officer at Office of the President (OP) Kwame McCoy. It happened after the magistrate had ordered Police Sergeant, Gordon Mansfield, prosecuting, to close his case, declaring that enough time had been given for all the witnesses to be present.
The prosecutor had said there is one witness present to testify against the defendant and Assistant Superintendant of Police (ASP) Denise Griffith-Jacobis was called to give evidence.
She related how she learnt of the incident and visited the virtual complainant at Georgetown Public Hospital and also went to the scene. She said statements were taken from some persons in the area where the incident is alleged to have occurred.
The witness said she took a statement from the defendant and a report was written and sent for advice.
Manickchand, holding the brief for Senior Counsel, Bernard De Santos, declined to cross-examine the ASP.
The prosecutor then said he has two more witnesses to take the stand, indicating that another police rank and the virtual complainant are expected to give testimony.
However, when their names were called, there was no appearance by either and the magistrate instructed that the case for the prosecution be closed and the defence make submissions.
NO EVIDENCE
Manickchand submitted that there was no evidence to suggest that the defendant is guilty of any offence and requested the dismissal.
The magistrate ruled in favour of the defence, noting that the prosecution had enough time to locate all the witnesses to testify in court against the defendant.
On the previous occasion, De Santos had informed the court that the virtual complainant does not wish to proceed and that the woman had written Director of Public Prosecutions (DPP), Shalimar Ali-Hack to that effect and he tendered a copy of the document.
But, in the absence of the woman, the magistrate ordered that a summons be issued for her to attend and verify whether or not she wanted to continue with the matter.
Mc Coy was accused of unlawfully assaulting Ross, by hitting her with his Sports Utility Vehicle (SUV) and rendering the woman unconscious.
Last August 6, McCoy was convicted of assaulting Clifton Stewart and using threatening language to him on October 25, 2011, for which he was fined a total of $70,000, with the alternative of four weeks imprisonment.
The prosecutor had said there is one witness present to testify against the defendant and Assistant Superintendant of Police (ASP) Denise Griffith-Jacobis was called to give evidence.
She related how she learnt of the incident and visited the virtual complainant at Georgetown Public Hospital and also went to the scene. She said statements were taken from some persons in the area where the incident is alleged to have occurred.
The witness said she took a statement from the defendant and a report was written and sent for advice.
Manickchand, holding the brief for Senior Counsel, Bernard De Santos, declined to cross-examine the ASP.
The prosecutor then said he has two more witnesses to take the stand, indicating that another police rank and the virtual complainant are expected to give testimony.
However, when their names were called, there was no appearance by either and the magistrate instructed that the case for the prosecution be closed and the defence make submissions.
NO EVIDENCE
Manickchand submitted that there was no evidence to suggest that the defendant is guilty of any offence and requested the dismissal.
The magistrate ruled in favour of the defence, noting that the prosecution had enough time to locate all the witnesses to testify in court against the defendant.
On the previous occasion, De Santos had informed the court that the virtual complainant does not wish to proceed and that the woman had written Director of Public Prosecutions (DPP), Shalimar Ali-Hack to that effect and he tendered a copy of the document.
But, in the absence of the woman, the magistrate ordered that a summons be issued for her to attend and verify whether or not she wanted to continue with the matter.
Mc Coy was accused of unlawfully assaulting Ross, by hitting her with his Sports Utility Vehicle (SUV) and rendering the woman unconscious.
Last August 6, McCoy was convicted of assaulting Clifton Stewart and using threatening language to him on October 25, 2011, for which he was fined a total of $70,000, with the alternative of four weeks imprisonment.
