The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A MAGISTRATE gave the prosecution a final chance to produce witnesses for a trial in which two men were accused of making death threats against then Bamboo Town parliamentarian Branville McCartney.

Although acknowledging lawyer Roger Minnis’ point that the prosecution took almost 18 months to start its case against his clients, Magistrate Carolyn Vogt-Evans granted the prosecution a final adjournment, setting the trial for March 13, 2013.

Mighty Sparticus Moncur, 35, of Seven Hills, and Livingston Bullard, Jr, 31, of Sir Lynden Pindling Estates, are accused of making threats on April 28, 2011 to kill Mr McCartney and Dereka Miller.

It is claimed that the men went to Mr McCartney’s law firm and threatened to kill the then parliamentarian. It was alleged that a threat was also made against Mr Miller, Mr McCartney’s employee.

The two accused were arraigned in Magistrate’s Court a week later on two counts of death threats. The case was adjourned to May 16, 2011 for a trial date to be set in Court No.6.

The trial date was set for September 30 of last year. However, the prosecution indicated to the court that it was not ready to proceed with the case.

Crown prosecutors said at that time that the police had just recently forwarded the case to the Attorney General’s office for review.

Magistrate Vogt-Evans said it was unacceptable that the matter was not ready to proceed when the court had reshuffled its calendar to accommodate the matter.

The five witnesses, who were all present and ready to give testimony, were asked to return to court on December 16.

However, the case did not proceed on that date because there was an emergency and the Magistrate could not deal with the matter. The case was adjourned to February 24 this year and then again to September 20.

On that date, witnesses failed to show after the officers called their names.

Prosecutor Linda Evans told the magistrate that unsuccessful attempts had been made to contact the five witnesses.

Magistrate Vogt-Evans said it was disgraceful for the case not to have started after nearly a year, the first scheduled trial date being September 30, 2011. The magistrate granted a final adjournment to October 29.

Mr Minnis, at the time, asked if the matter would be disposed of if the prosecution did not proceed with its case on the new trial date.

The Magistrate answered, “What you think?”

In yesterday morning’s proceedings, both Moncur and Bullard Jr entered court when their names were called and stood before the Magistrate. However, the officer returned to the court room to announce that no witnesses had appeared. Also absent from court was prosecutor Evans.

However, it was noted that Ms Evans was in the Supreme Court. The matter was stood down to 12:30pm, then to 1pm and then to 2pm.

At 2pm, Moncur and Bullard Jr were recalled to court. However, neither witnesses nor Crown prosecutor were present.

Mr Minnis, at this time, asked for the case to be dismissed for want of prosecution. However, the police prosecutor, while noting that she did not have carriage of the matter, argued that on two occasions during the sequence of adjournments, both the virtual complainants and witnesses were present to testify.

Mr Minnis argued that it was only one, however, the magistrate agreed with the prosecutor after confirming with her notes.

She also added that on one of those occasions, the court was on circuit.

Magistrate Vogt-Evans told Mr Minnis that notwithstanding his submission and all the adjournments, she would grant a final adjournment. She pointed out that the witnesses and complainants had shown up for trial on the first two occasions.

Moncur and Bullard Jr are to return to Magistrate’s Court no. 6 on March 13, 2013.