The Tribune

 By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

THE Court of Appeal has upheld the armed robbery and death threats convictions of a man found guilty at trial despite his gunpoint-carjacking victim’s change of heart mid-testimony.

Derek Stuart, alias “Slow”, of Pinewood Gardens, had contested his February 2012 conviction for the charges of robbery and threatening of Everett Johnson Jr in 2010.

His key argument for the appeal was that his right to a fair trial had been prejudiced by the prosecutor’s insistence that the complainant continue testifying about the incident despite indicating that he no longer wished to give evidence and that the jury bore witness to the exchange.

However, in the appellate court’s written ruling published on Tuesday, it was ruled that the complainant had given sufficient evidence needed to “establish the offences with which the appellant was charged”.

“Notwithstanding the complainant’s subsequent unwillingness to testify, the jury heard evidence given by all of the witnesses, inclusive of the complainant. Having heard all of the evidence, they were satisfied beyond a reasonable doubt that the appellant was guilty of the offences as charged.

“As an appellate court, we must be slow to interpret the subsequent reluctance of a witness to testify as an irregularity that warrants an intervention on appeal.”

Johnson told the nine-member jury that Stuart, a man known to him as “Slow”, took his 2005 Dodge Ram truck from him at gunpoint after he refused to give him a ride on July 26, 2010.

When he was called into the East Street South Police Station the next day, Johnson identified “Slow” as the man who had carjacked him. “Slow” then told the complainant, in the presence of police officers, that he would kill him and his family if he told the police anything.

Stuart interrupted Johnson’s testimony by standing in the prisoner’s dock and saying he did not feel well. The court was informed Stuart had stomach pains and was feeling weak.

When the matter had been adjourned to the following day, Johnson then said he did not want to go on with the case, explaining that he had not been financially induced or threatened, but believed in giving people second chances.

There were accusations that Stuart and a relative seated in the court had made gun-like gestures at the complainant, which prompted him to not continue the case. However, the accusations were denied and the complainant further maintained that he did not wish to continue.

Prosecutors Koschina Marshall and Roger Thompson exercised their legal rights to further question the complainant.

The jury found Stuart guilty on February 3, 2012, and two months later, Justice Indra Charles sentenced him to 12 years for armed robbery and 12 months for threats of death.

Justices Stanley John, Abdulai Conteh and Neville Adderley had presided over the appeal.

Stuart was represented by Roger Gomez II while Darell Taylor and Randolph Dames represented the Crown.