Sex case trial postponed

When the High Court met last week, Pusine judge Justice Birnie Stephenson asked the office of the Director of Public Prosecutions and defence lawyer Zena Dyer for a series of submissions and responses to assist the Roseau High Court in determining how to proceed in the case of a young man who is charged with unlawful sexual intercourse and indecent assault of a six-year old girl in August of 2008.

On Tuesday March 19, 2013, Dyer filed an application which at its core asked the court to find the deposition of one of the witnesses inadmissible and by extension the State's case because of alleged interference by someone in authority, a magistrate, who allegedly interviewed witnesses including the accused, cited Dyer.

According to Dyer, the only allegation against her client was that he kissed the girl on the lips, and without that evidence there is no case against the accused.

Justice Stephenson ordered that the State be allowed the opportunity to file affidavits in response to those of Dyer within five days, that is, on or before Monday March 25, 2013.

The applicant, Dyer, would in turn be allowed to file affidavits in response if necessary on or before Thursday March 28, 2013; to also file written submissions on or before April 12, 2013. This would be followed by full arguments in response to be filed by the respondent, the State, on or before April 19, 2013.

Consequently, the judge traversed the case 36 of 2012 to May 14, 2013, one day before the May assizes are due to open.

Meanwhile, three men are to be sentenced when the Roseau High Court resumes this Monday, March 25, 2012 following a week of inactivity. Clement Labassiere is convicted of manslaughter of his grand-uncle Ambrose Leblanc at Vieille Case following a trial which ended on February 25, 2013. Andy Alexander Cassel pleaded guilty to wounding with intent on February 18; and Ronald Lestrade also pleaded guilty to burglary and attempted rape.

The murder trial of Shane Degallerie of Pottersville is scheduled to come off early during the May assizes after that case came up at the High Court on Monday March 18, 2013. That case began at the September 2012 assizes but had to be aborted when a juror fell ill.

Also traversed to the May assizes is the case of Shermel Christopher. She is charged with causing grievous bodily harm to Cathy Ferreira at Marigot on December 9, 2009. That case first came up during the January 2012 assizes but it has had a series of postponements.