Case discontinued for long delay
Director of Public Prosecutions (DPP) Sherma Dalrymple discontinued a matter when a man charged with three sex-related offences appeared for his trial at the Roseau High Court presided over by Justice Colin Williams on Monday, November 13, 2023.
Though not obliged to give reasons for the discontinuance of matters, the DPP told the court there was an inordinate delay before reaching the high court. The alleged incidents occurred on February 8, 2011, and the virtual complainant was no longer interested in pursuing the matter. It had taken 12 years for the case to get to court for a trial.
DPP Dalrymple said the delay began in the magistrate court. The accused, who the Dyer & Dyer law firm represented, was always present, but there were also always long adjournments.
Justice Williams stated that a preliminary inquiry (PI) related to a person in custody should take at least three months. If the person was on bail, the PI should last up to six months. The judge added that Magistrates had to shape up or ship out!
The complainant was 14 years old at the time of the allegations and was now 25.
"And you call that justice?" the judge said.
He said he had calculated a matter with several adjournments over seven years. It only added up to a day when he figured out the time the PI took.
Justice Williams turned his attention to the accused man and told him that he would no longer have to face this court. The passage of time had put the case in jeopardy. The prosecutor had taken the position that she could not continue with the matter.
"You can leave," the judge said. Attorney Darius Jones had instructions from Dyer & Dyer when the accused walked from the court.
Not Guilty of sex charges
A jury of five women and four men found a man from a Roseau suburb not guilty on three sex-related charges at the end of a two-day trial on Tuesday, November 14, at the Roseau High Court before resident judge Colin Williams.
As a friend of the court, Lawyer Darius Jones defended the accused. At the same time, DPP Shema Dalrymple prosecuted the case for the StateState. The StateState called four witnesses, including the complainant, a doctor and an investigating police officer.
After listening to the judge, the jury took about 2½ hours deliberating on the charges of indecent assault that occurred on August 5, 2014, unlawful sexual intercourse and indecent assault on January 1, 2015. The jury was unanimous in their verdict.
Judge Colin Williams told the man that the jury had found him not guilty and could go.