A twenty-four-year-old Grand Anse resident who was nearing the end of his high Court trial on a charge of Non-Capital Murder, enjoyed a brief moment of freedom on Thursday, when the matter against him was discontinued, due to a technical glitch on the part of the prosecution, only to be rearrested and slapped with a similar charge minutes later.
With six of the ten prosecution witnesses having already given evidence in the matter against the accused man Jamar Abraham, a charge connecting him to the 2019 death of Leo Antoine, also from the South of the Island, the Prosecution on Thursday decided to discontinued the matter as the High Court Judge Paula Gilford was not willing to entertain having evidence admitted in the absence of a witness, due to failure on the part of the prosecution to follow due process.
Speaking to members of the media shortly after his client was freed on Thursday, Defense Attorney George Prime said the basis for the discontinuation of the proceedings against his client, stemmed from an objection from his team, for the prosecution to have expert medical evidence from a key witness be admitted in the absence the person who took the evidence. He noted that while, the move might be a well accepted practice in law, the failure of the prosecution to follow due process and to do so in a timely manner, was the main reason for the defense’s objection, one that was agreed to by the presiding judge.
Prime noted that the situation at hand was one where the prosecution ought to have knowledge that their witness was not on the island, and was not going to be, at the time the matter was due to come up for trial. In addition, he said the individual in question was only in Grenada on a contractual basis. That being the case, he said, the necessary steps should have been put in place to ensure that what had to be done was done and on a timely basis, knowing fully well that evidence in matters like this, must be done orally.
Asked where does that leave the prosecution, Prime said what he is sure about is that once the matter against his client is discontinued, then he cannot be rearrested and slapped later on with the same charge. He noted that even if the witness in question decided to return, the matter must start over in its entirety.
Meanwhile, shortly after meeting with members of the media on Thursday, word came that Abraham was rearrested and had a similar charge of Non-Capital Murder slapped on him.
Abraham who already spent approximately four years on remand awaiting his trial, was by brought back before Magistrate Teddy St. Louis at the St George’s Magistrate Court on Thursday, where a new charge of Non-Capital Murder was read to him. He is expected to make his second court appearance on November 5th, when a new trial is expected to commence.
English