The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

TEN people facing prosecution stemming from the destruction of a fence blocking an access point to Cabbage Beach, including talk show host Lincoln Bain, will now return to Magistrate’s Court in January 2017 for the start of their trial.

Bain, 39, Urvan Moxey, 46, Miguel Joseph, 26, Derek Thompson, 64, Hubert McIntosh, 59, Sam Butler, 52, Trevor Lightbourne, 46, Francis Johnson, 50, Derek Cox, 58 and Jharo Saunders, 23, were initially to have their case heard before Magistrate Carol Misiewicz on charges of damage, disorderly behaviour and three counts of obstruction relating to a protest on March 1.

However, after a series of adjournments, the case is now before Magistrate Constance Delancy who yesterday told the accused, who anticipated that they would be discharged for want of prosecution, that the matter will proceed to trial as the initial magistrate had left no notes or ruling indicating otherwise.

Don Saunders, one of several lawyers appearing for the aforementioned accused said that a preliminary objection would have to be raised.

Magistrate Delancy said that before the objection could even be heard, she would have to ascertain from the defendants whether they retained their answers to the charges they individually and/or collectively faced.

The magistrate inquired from police prosecutor ASP Clifford Daxon if the 10 defendants all faced the same charges. He said they did.

Defence attorney Halson Moultrie said the dockets in his possession appeared to be different from that of the prosecutors.

Lawyer Lanisha Rolle, who also said she wished to make a preliminary objection, asked for a short adjournment of the matter to allow attorney Branville McCartney to be updated as he was unavailable for the hearing.

She also said the defence would need to know what charges they were defending against.

The parties agreed to adjourn the matter to January 18, 2017 at 10am.

“I do apologise but I don’t have a ruling and I don’t rule on what I haven’t heard,” the magistrate told the 10 accused.

In an initial arraignment in March, Moxey faced three counts each of assaulting a police officer and resisting arrest.

It was claimed that he harmed Chief Superintendent Leamond Deleveaux, Supt Philip Hinzie and Inspector Lloyd Rolle during his attempt to resist lawful arrest during a massive protest at Cabbage Beach earlier this year.

All 10 persons faced three counts each of obstruction and a charge of disorderly behaviour, as it was alleged that they disturbed the peace and blocked the senior policemen who were acting in the course of their duties.

They also faced a charge of damage when it was alleged that they destroyed a chain link fence valued at just over $800 on Casino Drive.