A lawyer has told the court that he would not accept from the prosecution without a doctor’s certificate, an excuse that a police witness cannot come to court because of health reasons.
The lawyer, Jomo Thomas, made his position clear at the Georgetown Magistrate’s Court on Monday.
He was, at the time, responding to prosecutor Sergeant Delroy Tittle, who informed the court that one of the police witnesses in a case was on sick leave and wouldn’t be present in court that morning.
The prosecutor said he was, therefore, seeking an adjournment.
Thomas objected, however, telling the court it was unfair to those who had to travel long distances and that other witnesses pertinent to the case were present in court.
He asked that instead of another adjournment, that the matter be dismissed
Thomas was at the time representing Kasherna Myall who was charged with assaulting Assistant Superintendent of Police, David Trumpet.
Magistrate Bertie Pompey dismissed the charges against Myall.
COURT DUTY – A PRIORITY OR POLICE ABUSE OF PROCESS
Attending Court by police officers is not only a lawful duty, but takes priority over
any other detailed police duties.
Magistrate Bertie Pompey, a former Deputy Commissioner of Police knows this.
He also knows that ‘…Police officers are not exempted from duty except so certified
by a Medical Practitioner.’ He brought such knowledge to the Magistracy.
The submissions and application for dismissal by the attorney, were quite in order,
and the adjudicator shall be commended for his decision.
This may have been a case where the Superintendent may not have been ‘…acting in
the execution of duty.’
Had he been so acting, he could have ‘…exercised powers of arrest,’ thus may not
necessarily need a Sergeant to give evidence. This usually goes to the credibility and
truthfulness of witnesses..
The Superintendent may have ‘…advised himself’ to cause institution of civil proceedings,
as opposed to ‘…abusing the process of the Court.’
Totally agree with Jomo’s submission. Justice delayed is justice denied.
Stinks on the part of the police, scam against court procedure.