-counsel alleges ‘malicious prosecution’

A man accused of using a gun to rob another man of two gold chains and a gold ring was ordered yesterday to be kept in police custody when he appeared before Magistrate Hazel Octive-Hamilton at the Georgetown Magistrate’s Court.

Jermaine Wilson called ‘Animal’ was yesterday told that he was not required to plead to the indictable charge of robbery under arms.

He is accused of robbing Robert Ashby at gunpoint on June 25 of two gold chains and a gold ring, totaling $280,000 in value.

Attorney-at-law Burch-Smith, who represented Wilson, stated that the chains were returned to Ashby.

He said that Ashby had told his client, his client’s family members and the police that his client did not rob him and  he did not wish to pursue a case against him. The lawyer added that Ashby had given a statement to the police in support of this.

He said that Ashby was robbed by another person and  his client had assisted in the recovery of the chains and returned them to him the same night.

The magistrate said that if this was so then the police should have a statement to corroborate that.  The prosecution at that point stated that they did not have any such statement.

Burch-Smith then called upon Ashby, who was also present in the court, to explain the situation.

However, the magistrate stated that what had transpired outside of the case was not her concern at that point and her main focus was the indictable matter before her.

The lawyer then stated that “this is a malicious prosecution” since they refused to check their police file for the statement that would vindicate his client on the charge.

He said that the prosecution “has in their file a statement that says that the defendant returned the items to Ashby but it does not indicate that the defendant robbed him.”

The prosecution browsing through their files then stated that Ashby had indeed given the police a written statement saying that on June 26, sometime after the incident, Wilson had called him while he was at home and told him that he had his chains. The chains were subsequently returned to him.

The magistrate then stated that legal advice should be sought in the case from the Director of Public Prosecutions.

Burch-Smith then attempted to make a bail application for his client but was interrupted by the magistrate who stated, “The pronouncement on the court application for bail is deferred.” She said that he could make the application on his client’s behalf on the next court appearance.

Burch-Smith noted that “the court is ignoring that the Virtual Complainant says that the defendant did not rob him” and as such he should be given the opportunity to enter a bail application for his client while the police is sorting out the case.

The magistrate then ordered that Wilson be kept in police custody and that he return to court on July 13.