Case dismissed!

Desmond May, a seaman of Diamonds, breathed a sigh of relief last Tuesday when a charge of unlawfully wounding was dismissed by Magistrate Donald Browne at the Calliaqua Magistrate’s Court.

The charge came as a result of a complain by Cornelius Davy also of Diamond, which stemmed from an incident on Saturday, May 13. {{more}}

May returns to the dock June 20 on three other charges: resisting arrest, assaulting a peace officer and using indecent language. They stem from an incident at his home May 16, 2006.

Magistrate Donald Browne found there were “big discrepancies and inconsistencies” in the Prosecution’s case against him. He felt that “once there was doubt,” the benefit ought to go to the defendant.

He cited discrepancies about the time, and lighting conditions of the incident.

Davy complained of receiving “three to four buss head,” during an altercation at May’s home that day.

Magistrate Browne heard evidence from complainant Davy and witness Sidney Harry.

Lawyer Emery Robertson Jr. appeared on May’s behalf. He deemed it a matter of credibility in his address. He dismissed the two prosecution witnesses as “convicted felons.” Robertson outlined that his client had no previous conviction and should be believed. The defense attorney warned the Magistrate that to “convict on such evidence is unsafe.”

Magistrate Browne was skeptical about the evidence. It took a visit to the scene of the incident at Diamond to satisfy him.

Davy contended that May struck him with a block on his head and beat him in his eye. Harry supported his story.

May stated that Davy attacked him with a broken bottle after being asked to leave the premises. May added that Davy demanded $5 from him after breaking the valve on a wheel of his vehicle which his seven-year-old son was washing.

Inspector Kenneth Matthews appeared on behalf of the Crown.