November 16, 2024
Ocho Rios, St. Ann. Jamaica
THE COURTS

COURT CASES, INCLUDING MURDER STILL STUCK

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Sugar Ray Thomas

There was yet again failure of the courts to complete case files as shown up in the St. Ann’s Bay Resident Magistrate Court on Thursday, May 7. The presiding magistrate, Andrea Thomas had to place several cases on the mention list due to outstanding medical certificates, the lack of post mortem reports and the absence of police statements on files. Here are some of the cases that came up last week that did not advance:

MONEY LAUNDERING

Howard Hamilton was remanded back into custody when he appeared before the court on money laundering charges. The clerk of court told RM Thomas that the accused man had failed to pay a significant amount of money to the complainants, Marcia Manning, Garfield Galloway and a third complainant. Hamilton has only paid a small sum of $10,000 which leaves a balance of $1,240,000. RM Thomas explained to Hamilton’s lawyer, Ernie Smith that the outstanding balance has to be paid promptly. Smith acknowledged that was indeed true and said that he would advise himself on the matter. He asked RM Thomas for an early mention date. May 15 was agreed upon by both parties. The accused, Howard Hamilton was remanded into custody until that date.

 

Outstanding medical certificate

Delroy Cox, who is charged with wounding with intent, is expected to return to the court on October 8. The clerk of court explained to RM Thomas that the matter is not ready for trial as the medical certificate has not been received. RM Thomas was amazed when she was told that the matter had been on the mention list since April 2013. She decided that the medical officer/practitioner had to be subpoenaed to court to give evidence because the matter was in the courts for an extensive period. The defence lawyer representing Cox suggested to RM Thomas that the defence would rather the medical certificate be provided in court to be used as evidence. RM Thomas explained that nothing was wrong in law by asking the medical officer to testify in court as he/she would be giving the medical evidence to explain the extent of the complainant’s injuries. After much debate, the defense finally agreed. Cox’s bail was extended until October 8, when the matter is set to be mentioned.

Death by dangerous driving

Steven Bailey had his case set for mention on July 3. Bailey is charged before the court on death by dangerous driving. When RM Thomas asked the clerk of court if a trial date was ready to be set for the matter, the clerk responded by indicating that the file was not yet ready in the matter. She added that evidentiary material was still being compiled in the matter, along with the relevant statements.

More delays in murder case

Ramiesh Mitchell, Neville Ray and Timoy Boise who are all jointly charged in connection with a murder, had their bails extended until June 4. The clerk of court informed the court that the investigating officer’s report was incomplete, the crime scene investigation report was not yet submitted and the statement from the person who identified the body, has not been collected. RM Thomas, who was seemingly shocked at the clerk’s revelations, set the matter to be mentioned on June 4 and told the clerk of court that she is hoping that all the necessary documentation is submitted within that time frame.

Delayed post mortem report

Jermaine Martin, who was before the court on a murder charge, had his bail extended until November 6. The post mortem examination report, the investigating officer’s statement and a statement from the person who found the body are all outstanding. Martin is to return to court on November 6 where the matter is again set to be mentioned.