UPDATE: Case against Lincoln Corbette struck out | Dominica News Online

10 Jan 2015 | Author: | Comments Off on UPDATE: Case against Lincoln Corbette struck out | Dominica News Online
Lexus GS450h

UPDATE: Case against Lincoln Corbette struck out

Lincoln Corbette

Suspended police inspector, Lincoln Corbette, is a free man, at least for now, after his lawyers Peter Alleyne and Lennox Lawrence, were able to convince magistrate Candia Carette-George to strike out a case of wounding with intent against him for #8220;want of prosecution.#8221;

During his submissions, Lawrence first responded to a letter from DPP, Evelina Baptiste, who asked for an adjournment in the matter because of #8220;lack of administrative support.#8221;

But Lawrence told the court that the letter amounted to #8220;nothing#8221;.

#8220;This is a man who comes to court for 15 months and has never missed his court date #8230; it#8217;s an abuse of the process of the court and should not be accepted#8230;this is like a joke now, a citizen must not be so abused and so we are asking you to strike out the matter for want of prosecution,#8221; he said.

In response, the magistrate said she was perplexed when the state#8217;s main witness has said that he was no longer interested in the matter and the state decided to continue anyway.

#8220;In all my stint on the bench, I have never seen or heard this and that was new to me, this is the eigth time that this matter has come up and I have granted all the adjournments as requested by the prosecution,#8221; the magistrate stated.

She went on to add that while she #8220;understands the concerns of the DPP, the scales of justice must be balanced and the court cannot be seen to be one-sided.#8221;

#8220;The DPP can review and refile at any time. It#8217;s not a summary matter. I cannot, in all fairness, grant another adjournment and so the matter is struck out for want of prosecution; not on the merits of the case since it has not been heard,#8221; Carette-George said.

When asked for a comment, Sherma Dyrample who represented the office of the DPP, said, #8220;I have no comments on the matter.#8221;

Corbette#8217;s lead attorney, Lawrence, said that after reviewing the matter the magistrate came to the conclusion that #8220;fairness and justice required the matter to be struck out.#8221;

The matter, he said, can be reinstated by the DPP after review if she finds merit in so doing.

Lexus GS450h

He called the decision to strike it out as #8220;fair.#8221;

Corbette was charged with wounding Nicholas Roberts at a primary school compound in Roseau on July 2011.

He was granted bail in the sum of $30,000 in August 2012.

Before today#8217;s decision, his lawyers had been unsuccessful in several attempts before the courts to have the matter, which has taken many twists and turns, dismissed.

On one occasion, Roberts took the stand and under oath stated that Corbette was not responsible for his injuries but that he (Roberts) had “accidentally shot himself” and that he was not willing to offer any further evidence in that matter.

But the office of the DPP consistently refused to accept Roberts’ statements and said it had enough evidence to proceed.

Copyright 2012 Dominica News Online, DURAVISION INC. All Rights Reserved. This material may not be published, broadcast, rewritten or distributed.

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