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Judge Stephenson, front, at opening of court
Judge Stephenson, front, at opening of court

A former local boxer walked away from the Roseau High Court on Tuesday February 4, 2014 a relieved man after resident judge, Birnie Stephenson upheld a no case submission put forward on his behalf by Counsel Darius Jones.

In a new indictment on Monday February 3, 2014, the State charged that Steve Pond of Bower's Lane, Goodwill between Thursday October 22 and Monday November 2, 2009 burgled a warehouse on Franklyn Lane, Goodwill, the property of Richard Letang, and stole items by the cartons – Plus k polish, Sito pads, soap dishes, sand paper, clipper abrasion, cosmetic, kitchen sinks, plastic cups, clothing, crayons, kitchenware, cushion covers, scoring pads and more – amounting to $32,060.

State Attorney Sherma Dalrymple with the assistance of State Attorney Arthlyn Nesty led the evidence for the State before a jury of five women and four men.

Investigating Officer Police Constable Floyd Theodore who was at the time attached to the criminal investigations department (CID) was assigned the case when Letang reported the burglary on Friday October 23, 2009.

Constable Paul Joseph who was also attached to the CID back in 2009 was on mobile patrol with other police officers at Stock Farm on Monday November 2, 2009 when they happened on Steve Pond. The vehicle stopped and Pond began running. Joseph gave chase and caught up with him. Pond was carrying a blue and red knapsack. Paul found nine Welno Plus k polish, six sand papers, nine clipper abrasions, two Sito pads, two dark plastic bags of 9-ounce glasses and five Finlandia devises.

Paul Joseph arrested Steve Pond on suspicion of burglary and took him to Police Headquarters where he handed the items to Theodore.

Theodore took the accused from police cells on Thursday November 5, 2009 and brought him to CID where in a witnessed statement Pond said he was homeless. He had gone to a family home at Goodwill. The person was not there. It was raining and he took shelter. He saw some rubbish on the ground, looked in and found some items and after that the police grabbed him.

On a visit to Stock Farm, Pond reiterated that he had not gone in any building. He found the items in Goodwill opposite his family place. He was going to keep the items. He had not sold anything to anybody in the Stock Farm area. He maintained that he found the items in a box in the yard and he made his way to Tarish Pit.

The state called five witnesses.

On the second morning, Tuesday February 4, Jones submitted that the State had no positive evidence against Pond and that the State had made no case sufficient for the accused to answer on both charges.

Dalrymple made her own submissions to sustain her case. But after one hour and eight minutes of submissions and the judge's own questions which she did not think the State had answered, she upheld the no-case submissions on both counts. The jury was brought back to the court, and under the directions of Justice Stephenson brought back not guilty verdicts on both counts at 10:20am.


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