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Magistrate tells prosecution to get its act together

Magistrate tells prosecution to get its act together


If and when the prosecution is ready, Hamilton McDonald would be recharged with murder. But for now, he’s enjoying his freedom.

Chief Magistrate Rechanne Browne-Matthias, on Wednesday at the Serious Offences Court, discharged the Calder resident following submission by his counsel.{{more}}

McDonald had been charged with the murder of Desborne “Des” Yearwood.

The court was told that the investigating officer was engaged in a matter at the High Court and that the file was still in his possession, more than six months after the charge was brought against McDonald.

Attorney Grant Connell submitted that his client has been languishing at the prison, awaiting a Preliminary Inquiry hearing for far too long.

It is alleged that on October 20, 2014, at about 4:30 p.m., McDonald used a blunt object and struck Yearwood on his head.

Yearwood died at the Levi Latham Health Centre.

“This is really getting out of hand. You can’t have the file being in possession of the officer for more than six months. This is happening way too often,” an annoyed Connell said.

Connell further stated that when the matter was called up for hearing on the last occasion, the same story was given.

“We have to really send a message. I think my client should be discharged until the prosecution gets their house in order. Police are always putting the prosecutor on the spot,” Connell said of the senior prosecutor, Adolphus Delpesche.

The Chief Magistrate agreed with Connell, stating that such matters were getting out of hand and that it must stop.(KW)