A St Ann man was freed last week on a charge of carnal abuse in the St Ann Circuit court after the prosecution failed to offer any evidence against him. He is Marvin Berry. Berry’s case was scheduled to go on trial last Thursday, January 29, before Justice Lloyd Hibbert. However, when the case was called up, deputy director of public prosecution Claudette Thompson said the prosecution would offer no further evidence against the accused man. Ms Thompson said the complainant who brought the case against Berry, has since the initial report, returned to the police to say that she no longer wants to proceed with the case against Berry. The deputy director told a seven member jury that the crown would not be able to prove its case of carnal abuse against Berry without the evidence of the complainant. According to Ms Thompson the woman said she has not been threatened to withdraw the case but has indicated that she wants to forget about the matter and move on with her life. Additionally a seven member jury which was empanelled to listen to the case was told that the complainant, who was a minor at the time of the report, said she and the accused have now become friends. The deputy DPP said the prosecution has been unable to get the woman to come to court to give evidence and as a result it was prepared to offer no further evidence against the accused. The jurors were instructed by Mr Justice Hibbert to return a formal verdict of not guilty against Berry. Berry is alleged to have had sexual intercourse with a girl who was above the age of 12 but below age 16 in April 2008, nearly seven years ago. Since the time of the incident Berry has maintained his innocence. Berry was represented in court by attorney-at-law Pearline Bailey.
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