By Shanique Richards
St. Kitts Reporter
As the October Assizes ended on Wednesday, several matters were withdrawn, a few perps received final sentencing and over twenty matters were traversed.
The case between the DPP (Director of Public Prosecution) and Zephaniah Calboune was dismissed and the young man was free to go. Calboune was charged with ‘Unlawful Carnal Knowledge’ but because the witnesses in this matter did not appear in court on several occasions the charges were withdrawn.
The matter between the DPP and Steve Sharry as well as the DPP and Leroy Browne were also dismissed as the DPP executed his right not to prosecute the matters any further. Sharry was charged with ‘Housebreaking and Larceny’ while Browne was charged with ‘Shopbreaking and Larceny’.
In another matter, James Hamm who was charged with ‘Receiving’ a Dell computer system, property of Wycliff Morton and Associates, was ordered to pay $3000 in 6 months or serve 18 months in prison.
The particulars of the case were that Hamm was found with the said computer in his home and was charged with ‘Building Break-in and Larceny’ and ‘Receiving’. Hamm pleaded not guilty to the first count but guilty to the second. As a result, the prosecution withdrew the first count and he was sentenced for receiving the stolen items. Hamm also had two previous convictions where he was sentenced to 3 months in prison for ‘Building Break-in and Larceny’ and 2 weeks in prison for ‘Escaping while in Police Custody’.
“I cannot get a straight story out of you so there is obvious dishonesty because you should have been able to find out who the computer belonged to. I would not be playing around with you the next time with all your story shifting,” said His Lordship.
In the matter of the DPP vs. Wendell Peets, the accused was charged with two counts of ‘Building Break-in and Larceny’ and two counts of ‘Receiving’. However, Peets pleaded not guilty to first three counts and guilty with an explanation to the fourth count of receiving. The particulars of the fourth count were that the accused was found with three blank cheques, which were stolen from the electricity department, property of Eugene Springett.
As he pleaded guilty with an explanation, Peets addressed the court with his reason for being found in possession of the stolen items.
“On Friday 5, May 2006, I left my home and came across Fort Thomas Road. On my way I heard noises in an abandoned building, formerly known as Club 21, so I decided to go inside and find out where the noises came from. I found the building occupied by a man and a woman. The building has two entrances, a westerly, which is semi-contaminated with garbage and an easterly. While entering the westerly entrance I saw some papers on the ground and when I checked I realized that there were three blank cheques so I took them and left through the other door.
“When I got outside reached about twenty feet away from the building, Officer Percival conducted a search on me and found the said cheques,” he said.
Although he begged the court for leniency, Judge Belle sentenced the young man to pay $1000 in 3 months with failure to pay resulting in 18 months imprisonment. This was the same sentence for Keymoy Powell who was also charged with the same offence and pleaded similarly.
In another criminal matter, The DPP vs. Muluska Williams and Wayne Matthew, the DPP asked that the case be traversed to the January assizes. Both men were charged with ‘Firearm to aid in the Commission of a Felony’, ‘Robbery’ and ‘Attempted Murder’. However, both accused men had several grievances to put to the court.
“The charges brought against me were in relation to an army man and ever since last year March the army man has been coming to the prison to assist with cell searches at least once a month. Sir, every time they come, they threaten me and push guns in my face and tell me they going to kill me. Two weeks ago one of them told me to cut my hair and after I said I don’t have to because am only remanded, he shot me in the back of my hand with an FRG (Rubber bullet) and damaged my hand. I did not receive any medical attention and I made a report and no one ever came back to me,” said Williams.
Matthew also pleaded to court to assist him as well as he was also facing the same bad treatment in prison when the army men make their visits.
Judge Belle then told the young men that there was nothing he could do at that point in time but he would speak to the superintendent to hear his side of the story and would try his best to have the matter tried early in the next assizes.
Amongst the traversed matters there were four murder trials. These include the DPP vs. Romeo Cannonier (recently convicted of murder), Sheldon Isaac, Ruedeney Williams, and Louis Gardener, The DPP vs. Vinrick John, The DPP vs. Joshua Roach, The DPP vs. Fitzroy Challenger, Jamal Bradshaw and Gregory Anthony Zakers and The DPP vs. Lumumba Matthew and Justin Bass.
Also, there were two traversed Attempted Murder cases. These are The DPP vs. Muluska Williams and Wayne Matthew and The DPP vs. Bernell Duncan.