Bitter-sweet day in Serious Offences Court for South Rivers resident
From the Courts
October 28, 2016

Bitter-sweet day in Serious Offences Court for South Rivers resident

Tears welled up in the eyes of South Rivers man Duran Gerald on Monday at the Serious Offences Court when he received the bitter-sweet news that five of the seven charges he faced were dropped.{{more}}

What seems to have caused the tears is that none of these five charges included the possession of an illegal firearm and ammunition, which are the more serious offences.

Gerald was charged separately that on June 18, 2016 at South Rivers, he resisted the arrest of PC 798 Andy Pompey and PC 163 Orlando Glasgow.

He was also charged that on that same date and place he did assault PC 162 Orlando Glasgow, PC 137 Kevin Abraham and PC 894 Javid Jones, while they acted in due execution of their duty.

Additionally, Gerald is charged that on June 18 at South Rivers, he had one 9 mm semi-automatic pistol (make and serial number unknown) without a licence under the Firearm Act. He is also charged with having in his possession two rounds of 9mm ammunition without a licence.

Following the presentation of the Crown’s case, in which all of the officers Gerald is alleged to have assaulted testified against him at the Serious Offences Court, Gerald’s lawyer, Grant Connell, made a no case submission. Connell argued that the evidence presented was weak and the prosecution failed to make out a prima facie against his client.

“All the officers’ evidence was at variance with each other,” Connell stressed to the court.

He further stated that evidence given by the arresting officer Corporal Derby, an officer with 24 years of experience, added insult to injury when he said under cross-examination that PC Pompey never attempted to arrest the defendant, but yet he charged him for resisting the arrest of the officer.

Throughout Connell’s cross-examination of the evidence given by officers, the lawyer insinuated that his client was abused by police and according to him, the charges were brought to cover this abuse.

However, senior prosecutor Adolphus Delpesche did not share the same view as Connell and argued that a prima facie case was made out against Gerald.

Delpesche held that although the evidence presented by the police officers was at variance, there is evidence that is to be presented by Gerald that must be tested.

Chief Magistrate Rechanne Browne-Matthias agreed with Connell and upheld his no case submission; however, she only did so as it relates to the charges of resisting arrest and assaulting a police officer.

Gerald is expected to reappear before the Serious Offences Court on November 14, 2016, where he would attempt to provide evidence that he was not in possession of the firearm and ammunition. (AS)