A magistrate has criticised the five-year delay in police investigators completing disclosure after a complainant said she could no longer remember the incident and did not wish to proceed.
Magistrate Jared Richards made the comments from the Bench as Jafari Ricardo Maxwell, now 27, returned to the District ‘A’ Traffic Court on several charges arising from an alleged incident on May 5, 2021.
The magistrate said: “The accused has to be afforded their rights and cannot be coming all the time for hear ‘no file, no file, no file’. Look here we have a matter where one of the complainants has come and said she does not want to give evidence as she cannot remember because it was so long ago. Five years! It is not fair to the complainant, and it is not fair to the accused.”
Maxwell, of Lower Gills Road, St Michael, reappeared in court on several charges, including robbery and serious bodily harm.
He is accused of doing serious bodily harm to Stephanie Catoggio and Lueng Zhang with intent to maim, disfigure or disable them, or to do them some other serious bodily harm; robbing Catoggio of a $2 000 cell phone, a $500 tablet and two cases valued at $200; and assaulting Vanessa Zhang, causing her actual bodily harm.
The offences, which allegedly occurred on May 5, 2021 are indictable.
He was also charged with robbing Janelle Browne of a $3 000 cell phone that same day.
But Browne, who was present in court on Monday, declared that she was no longer interested in pressing charges: “It’s been five years, and I really can’t remember anything because it was so long ago.”
This prompted Magistrate Richards to dismiss the case for want of prosecution.
Prosecutor Sergeant Gazelda Knights then informed the court that there was no file regarding the other charges and requested an adjournment.
The magistrate said: “I have noted the fact that this matter has been without a file for a long time and on the next occasion, I would like to hear the position of the other complainants so that a decision can be taken.”
Maxwell returns to court on November 2.
(JB)
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