Mikhail Gomes To Appear Before Court Today For Allegedly Killing His Ex-Girlfriend

21

The first murder trial for the year will be heard today as Mikhail Gomes is set to appear before High Court Judge Justice Ian Morley this morning.

In May 2018, Gomes was represented by attorney Lawrence Daniel and was set to stand trial in the September criminal assizes.

Daniel reportedly told the court that the case should not go to trial because there were no eyewitnesses, no medical evidence to substantiate the cause of death as murder and questioned whether murder can be verified in the absence of a body.

However, Police prosecutor Senior Sergeant Dane Bontiff said there was substantial circumstantial evidence to send the case to a judge and jury for them to decide.

Gomes, a resident of Pigotts, is accused of murdering his ex-girlfriend, Vincia James, who disappeared without a trace almost three years ago.

The New Winthorpes woman was last seen on surveillance camera leaving her Old Parham Road workplace, Dixie Betting Company, around 1:12 pm on April 7th, 2017.

CLICK HERE TO JOIN OUR WHATSAPP GROUP

21 COMMENTS

    • We may never get the truth in this life. The life to come will reveal all. I hope that justice and truth prevails. Wisdom and sound judgement is really needed. May the God of King Solomon guide Justice Morly and all involved.

    • PROFESSIONAL AND PROSECUTORIAL PERSPECTIVES

      If nothing else, it is to be understood by all, that this is not about the ‘…Merit or Demerit’ of the Case.

      Besides, criminal matters that are ‘…Sub Judice,’ or ‘…under judicial considerations’ cannot be discussed without facing the peril of ‘…Contempt of Court.’

      Yes Sah. It is that serious.

      A Judge has the power to ‘…jail his ‘mass’ for trying to influencing a Jury.’

      Rawlston Pompey’s ‘…bahind’ not goin’ in ‘dey.’

      Except he takes out the ‘…Duncy and Rock Head one,’ whoever the hell he is.

      Can kill a ‘Bat’ and get way though.

      Not even sure the Jury will let him off, because of their ‘…dunciness or hard-headedness.’

      Will, hire ‘…Ras Smood.’

      But only on one condition; that he must not go into the Court Room with no unkempt locks and start to ‘…tawk ’bout anything ‘…puffy, smoky or irie.’

      +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

      On a more serious note.

      Do know that many people would be following this case with very keen interest.

      Understand that the accused enjoys the’… prevailing constitutional right of innocence.’

      Thus, it is for the Prosecution to ‘…discharge its duty’ by ‘…adducing irrefutable evidence,’ whereby a ‘…properly directed Jury,’ may consider and reach a reasonable conclusion that enables members, ‘…collectively and unanimously’ to return an informed verdict.

      In the instant Case, do know that the ‘…Evidential Burden’ to prove the Case ‘…Beyond Reasonable Doubt,’ against the accused, is going to be ‘…painfully heavy on the Prosecution.’

      For this is a ‘…rather unique Case,’ as it is a ‘…Criminal Trial’ without;

      (i) …Evidence showing that a person was killed or murdered;

      (ii) … A lifeless body was found and identified by a member of family or person who knew or familiar with the deceased;

      (iii) …Investigators seeing the lifeless body;

      (iv) …A Coroner was so notified of the death;

      (v) …A Medical Doctor had visited the crime scene and declared the person dead;

      (vi) …A Pathologist viewing a body and performed an autopsy or Post Mortem.’

      In this Case, the evidence to be adduced would be purely ‘…Circumstantial.’

      What this means, is that ‘…no witness for the Prosecution can testify that he/she has seen the Accused striking a fatal blow to the deceased or that he/she has seen the body.’

      In other words, ‘…no one is an eyewitness to the crime.’

      At this point, there is no ‘…Evidence of Fact’ or ‘…Direct Evidence’ linking the Accused to the crime of Murder.’

      Had that been the case, ‘…from professional, training, knowledge, experience and practice, (enforcement/prosecution), that would have satisfied that which is legally called ‘…Evidence.’

      Such is what;

      (a) ‘…Makes a ‘Fact’ evident;

      (b) …That which supplies proof; and

      (c) …The means by which a ‘Fact’ nay be proved or disproved.’

      For the purposes of a ‘…Fact In Issue’ (Murder Charge/Indictment), there is clearly ‘…no Direct Evidence’ that the ‘Deceased’ was killed.

      If she was, it would be a ‘…mere allegation’ that it was the Accused who had killed her.’

      CIRCUMSTANTIAL EVIDENCE – CRIMINAL CULPABILITY

      Here is where the Prosecution may face the gravest of difficulties.

      It has to rely purely on ‘…Circumstantial Evidence.’

      This, from a professional perspective, is ‘…Evidence of circumstances surrounding the death of a person.’

      This of course, would have preceded the allegation.

      Thus, the evidence that would be adduced by the Prosecution through its witnesses, would show or tends to show ‘…circumstances, either leading up to, or surrounding a persons death.’

      It would show inter alia, ‘…an Intention to Kill,’ thus an accused person would be held ‘…Criminally Culpable.’

      Proving his guilt is ‘…another kettle of Jack fish.’

      From such ‘…Evidence of Circumstances,’ a properly directed Jury (by the Judge: Only on Law), could ‘…draw reasonable inferences’ to reach a conclusion and to make a determination of ‘…Guilty or Not Guilty.’

      Only one of these two Verdicts is possible.

      Before anyone calls him ‘…an Ass,’ and has to hire ‘…a Duncy Bat or a Rock Head’ lawyer,’ Na-a-ah,’ …Ras Smood,’ Rawlston Pompey’ is leaving this right here.

      That’s it folks.

      • Pompey, this is a rough, tough case.
        A…Time line of events, at least 72 hours, prior to her leaving the workplace would go a long way, in assisting, the investigation!
        B…I’ve being advocating for SATELLITE SURVEILLANCE, of the Nation, and before, there are those that cry, invasion of privacy, the CCTV on the ground does the same thing, except they only provide ground footage.
        We have enough satellites which are hovering in Our airspace, because of Our geographical location, Law enforcement, should be able to tap into this area, on an “as needed basis.”

        I would not want to be on the Jury, for this one!
        As a matter, of fact if I get called from the list or pool of jurors, first day in court, my hair would be, definitely “unkept,” in the style of Einstein, and talking in tongues, telling the Judge, “your honor, I thought, that this was an audition for upcoming film, J’ouvert 76; and, I am auditioning to play Racan!”
        Now, who can forget Tourist Leggo, by The Monarch – King Short Shirt, and the song, that sent Trinidad and Tobago in a frenzy, that they almost had to call a State Of Emergency, ’cause Tourist Leggo was, mashing up, and burning up every city in Trini…
        Just a piece, of Antigua, Barbuda & Redonda’s history, regarding Our contribution to calypso, and pan in the Region…

  1. Rather a very sad case and I am a little puzzled that in 108 square miles, we are yet to locate a body. Gonna be very tough to get a conviction unless the circumstantial evidence is overwhelming. And in the event of a conviction, case might be thrown out on appeal.
    I am of the view that the prosecution arm of the police force needs to be strengthened as I have seen too many weak cases put before a judge and jury.

    • CONVICTION WITH BODY – DARN RIGHT AP

      Darn right ‘AP.’ must be ‘…overwhelmingly strong Circumstantial Evidence.’

      Have read of Cases in the British jurisdiction, where Accused persons ‘…were convicted without a body.

      History speaks of the ‘…most famous or infamous Case’ in which a man had reportedly ‘vanished’ without a trace.

      Three men were reportedly ‘…Arrested; …Charged; …Prosecuted; …Found Guilty; and Hanged for his Murder [Camden Wonder Case: 1660’s].

      His ‘…vanishing story’ was, he had been ‘…abducted and enslaved in Turkey’ [Wikipedia].

      Darn it, about two years later, the darn man who had disappeared and believed murdered, appeared alive.

      But then, the British authorities had already ‘…popped their darn necks.’

      Other than at trial, these three accused men ‘…couldn’t say ah darn thing’ to save their necks from being placed in the noose.

      Not only that, they couldn’t even appeal the darn ‘…conviction and sentence to the London Privy Council.’

      Apart from that which ‘…British Courts’ now see, and have ruled as’…Cruel and Inhuman Treatment,’ this may have been among the reasons that ‘Britain’ had ‘…Abolished the Death Penalty’ [Abolition of Death Penalty Act: 1965].

      Adding insult to injury, ‘…Duncy Bat and Rock Head’ can now;

      (a) …Take away ‘…Ras Smood’s ‘ Ganja’ and make ‘…Ganja Sugar Cakes;

      (b) …Put on a Label to say ‘…Ganja in Dey;

      (c) …Then when arrested and charged with Murder;

      (d) …Not tried for it, but opt to plea guilty to the ‘…Lesser charge of Manslaughter; and

      (e) …After ‘…Pleas In Mitigation,’ and ‘Deduction,’ get away from jail for ‘…Time Served.’

      Happened recently to ‘…two Jamaican men accused of stabbing to death a young Seaview Farm man in the presence of his Mother’ and walked away from jail.

      Cyar happen so again though.

      Judge done gone from the jurisdiction.

      Besides, ‘…DPP’ done appeal.

      Wawk gud; …Tawk gud and …Lib gud’ [Ras Smood’s ‘Gud’ word].

      • Wait..so you are telling me that 2 men accused of stabbing to death a man IN FRONT of his mother and they walked away from jail? why? The Judge didn’t take the word of the mother?

  2. Man was last seen with girl…..When girl goes missing man goes in hiding for a few days (Innocent people normally won’t do that)….When man is arrested man all of a sudden becomes a mute………..Doesn’t seem very innocent to me but oh well I guess the jury will come to a conclusion when the time comes……Maybe he killed her or knows of where she is being kept (some ppl believe she might be alive..I DON’T)…..Maybe he is innocent (Highly Unlikely)…

    • NOT VERY MUCH OF EVIDENTIAL VALUE TO THE PROSECUTION

      Yes, that might be so.

      But this only favors or works the accused.

      Remember, the Accused is charged with ‘…Murdering his ex=girlfriend.’

      Not for ‘…walking together with a live woman.’

      What if you told investigators that ‘…you accompanied your girlfriend to her home,’ and she was subsequently found dead, either at home or elsewhere?

      This would make it easier for the investigators, since there would be a ‘…lifeless or dead body’ whereby they can now engage the ‘…Scientist/Sciences’ in assisting them, either to;

      (i) …Nab or grab you as the prime suspect; or

      (ii) …To eliminate you as the killer/murderer; and

      (iii) …If you are so eliminated, look for the real perpetrator of the crime.’

      Your evidence would be helpful to the Prosecution, but only to the extent of your last contact with her alive.

      It is certainly not like the very sad Case of ‘….Monique Ramsey and her Pilot boyfriend, Ronald Gederon.’

      He had killed her, then’… deposited her body at Boggy Peak.’

      A darn mistake again, ‘…Mount Obama.’

      Still not sure why the hell or significance of calling it by that name.

      Her body was found and all the investigative formalities completed, including ‘…Funeral and Burial.’

      Whether or not it is murder, these are irrefutable ‘…Facts of Death.’

      Professionally speaking, do know that this ‘…Case was not cracked,’ and thus, the unavailability of certain evidence, makes the ‘… prospect of conviction seems rather bleaky.’

      The fundamental questions are;

      (i) ‘…Was the missing woman murdered?

      (ii) …If so, by whom?

      These are often ‘…Investigative Hurdles’ for ‘…law enforcement/investigators’ to overcome, let alone the Prosecution ‘ to lead the kind of evidence ‘…sufficient to realize the prospect of conviction.’

      Still not sure of the ‘…availability; …quality; …and adequacy of the evidence the Prosecution’ may lead.

      Really can’t go any further with this.

      • BLA BLA BLA! If I accompanied my girlfriend home and God forbid she goes missing or is found dead i would assist the Police with the relevant information from the beginning because i’m innocent…If I hide or keep quiet in my personal opinion that would make me seem guilty…The man knows there is no physical evidence he was advised to keep quiet and by that alone he and his lawyer are hoping for the not guilty…If he is found not guilty and knows the truth then I would say he got away from mortal judgement but will eventually have to face the almighty….I personally believe he knows what happened…..I am deeply sorry for all the families involved especially Vincia’s child I hope some light will be shed on this extremely sad situation…

  3. This case will be an interesting case knowing that the defendant’s attorney will be arguing that there were no eyewitnesses and no medical evidence to substantiate the cause of death and to link the accuse to the disappearance of the individual….

    In addition our judiciary system states that the defendant is ” innocent until proven guilty ” and the jury’s judgement should be “beyond a shadow of doubt” towards finding the defendant guilty .

    There is no doubt that the prosecution, the jurors and the defense team will be guided accordingly by the fair and knowledgable judge, Justice Eon Morley……..

  4. thank you for your perspectives Mr. Pompey. I always enjoy reading your input on any matter. I will be watching this case closely indeed since there is no body and no witnesses! So sorry for both families involved!

  5. I will be watching this case closely. The accused need to tell the truth. This is leap year. Almighty God please exposed this case and the truth to the people of Antigua and Barbuda.

    • DADLI – TRUTH – EVIDENCE -RIGHT OF SILENCE

      Truth ‘…Wadadli?’
      May quicker see ‘…Duncy Bat; …Rock Head’ eating ‘…Ganja Sugar Cake,’ and ‘…Ras Smood rolling two roaches’ or ‘…spraying cockroaches,’ than the ‘…Accused called upon to ‘…Tell Truth.’

      As a matter of fact, if the Prosecution is lucky to convince the ‘…Trial Judge’ that it has made out a ‘…Prima Facie Case;’ that on the ‘…face of the evidence adduced by the Prosecution,’ the Accused is called upon to go on his defence,’ the adjudicator shall tell him of his rights;

      (i) …That he could evidence on Oath’ and be subjected to;

      (a) ‘…Cross Examination’ by the Prosecutor;

      (b) …Take one or two questions from the Jury; and/or

      (c) …The Court, mainly to clear up any ambiguities.

      This is a part of the evidence that could be ‘…interpreted negatively against him’ or ‘…favorably to the Prosecution’s Case.’

      (ii) …Advise him that he could stay right there in ‘…Prisoner’s Dock’ and make ‘…an Unsworn Statement.’

      If so opted, not ah darn soul; ‘…DPP; …Jury; or …Judge’ could ask him ah darn question.

      (iii) …Advise him of his right to remain silent.’

      See, he doesn’t have to say ah darn thing, because it is the ‘…Prosecution that has asserted’ that he murdered his ex-girlfriend.’

      Thus, according to the ‘…Laws of Evidence,’ they have to ‘…prove every darn thing the witnesses told the Jury about the Accused or what they had personally heard him say or seen him doing.’

      If any witness ‘…fabricated their testimony,’ could face the criminal charge call ‘…Perjury,’ (telling lies on Oath).

      Observed that my ‘…gud frens Duncy; ..Rock and Ras Smood’ are keep their darn mouths shut.

      Other than getting ‘…Irie High,’ never know what ‘…Ganja Sugar Cakes’ may cause people do or say.

      Even so, only a witness who is ‘…Dunce’ like ‘Bat’ and lie like hell,’ or one with a ‘…Rock Head,’ would take the Oath to ‘…Tell the Court, (Jury and Judge) lies.’

      Could never warn a ‘…Dunce or a Bat.’

      Ultra bright ‘…Government Ministers too.’

      But do know that ‘Ras Smood’ won’t get ‘…Irie’ and go on the ‘…Witness Stand’ to ‘tawk ’bout any non-relevant happenings or that ‘I n I’ see dis or hear dat.’

      Still warning him though.

      • De only “roach” me a see right now, a dem dat a fly pass me, lakkah flying fish, and a run from dem yard fowl, dat U Pompey a raise, fu dem senoritas!
        Me a duck, no rass lakkah me inna Chamil boat, a pull fish net! U bettah feed dem yard fowl sum fungee, Tanny say dem hungree!

        • YARD FOWL RAS?

          Could not help to laugh, particularly with ‘…de only roach me ah see right now, a dem that a fly pass me…; and run from dem yard fowl…’

          Know what ‘…Ras Smood,’ if you can manage to buy ‘..Insecticide,’ clip the wings of the cockroaches. That should keep them away from ‘I n I.’

          Darn it Ras!

          Tell ‘…I n I ‘ something else.

          On the way through the village of Paynters ‘…to attend the funeral of an elderly citizen in Parham Town, fondly called ‘…Pussy,’ an unidentified motorist ran over a nice looking ‘…Yard cock fowl.’

          It remained in the middle of the road.

          Was it known before that ‘…Senoritas like yard fowls,’ may have secured it for ‘…I n I’ to pluck its feathers that ‘I n I’ may have presented to a ‘…Senorita of Choice.

          Since ‘I n I’ perhaps could not cook it up in Ital, then ‘I n I’ could have made ‘…Cock Soup,’ herbalized with ‘ …Ganja.’

          It could have been called and labeled ‘…Ras Ganja Cock Soup.’

          ‘I n I’ would not only have to cook it in ‘Spanish,’ but also label the ingredients in ‘Spanish.’

          ‘I n I couldn’t fool ‘…Duncy Bat’ though.

          • John French II, say dat de Huskers and dem dun a Market, say fu tell U, mek sure U kip de appointment wid, wah de call dem neargah, dat hook U pan dem machine, and plug de darn ting inna de currant…Cycallahgist, yes Cycallahgist, mek sure U tell de Cycallagist up a Clareview, a wah get inna U.
            Cause dem kno U nar smoke weedy-weedy much less Tampee; but, all of a sudden, U “Irie,” U “I n I,” U ah “Yes I,”
            “De ting Irie,” …A wah a happen to he so, a either de Senorita, gud fren pussy, dead an leff all she money gee he, or e conscience a baddah he, fu all dem lick wey he does throw, inna neargah Picknee. Anyway, dem say he no crazee yet, but dem a watch he, cause Duncy Bat, Rock Hard Weed cake, mussah a tun he basseedee!
            Any which way, he bettah go see de Cycallagist, he no seem too steady

          • Greetings, greetings! Yes I, Rolston Pompey has always, being a Ha-Ras I (harass I), but I n I, has his number by being, the Snake with its “Tail in the Mouth,” like a lasso, to corral him, like Orwell’s Wilbur da Pig in the Pen. Roll him up, like a phat blunt, set some Fire to his ass, chasing him out of the Fever Grass, so fast, he’d gladly hide in a Skirt of Grass, like a kilt wearing Sax – Pipe blower!
            As, to you, with your Dutty Stupessssssss, why are you crying to the god Lawd, that Ras Smood, “killing” you with laugh. Do you understand, this is a Murder Trial, and you have, dialed god Lawd, to inform H.I.M., that damn Rude Boy, Ras Smood killed you!
            What, god Lawd knows that, your mess, caused by your Chuppitness, of messing with Pompey’s Mami, and try to drown her with Wata, from your long Coconut Tree. Hired Duncy Bat and Brother Rock, to give you a whack or two, to get rid of you, and pin it, on Ras Smood, because everybody claims that, Smood Ras too rude, can be crude; but, he Pompey met his match, and he’d better not scratch it, that grass of skirt on his ass, will need plenty Wata from his Mami’s good friend Pussy, that he gives all that money to, trying to have her open her lips, and lie on Ras Smood too!
            I’ll tell Mi gud fren, Z-Ian Marley the Grudge in charge of the Murder Trial, that I suffer from Erectile Malfunction, not Senile like Papi, therefore, fu sure, fu sure, when Mami belly, started to “bun she” and she found out she’s carrying Pompey’s Picknee, he tried to blame it on me. No Siree!

            While, this matter before Judge Ian Morley is a serious one, laughter still plays a role in balancing, the moment. It beats crying wolf or crying crocodile tears, adding fire to Peoples Fears.

    • BOLD FACE’s WORD LEGACY

      He wasn’t the brightest of ‘Sons,’ and he wasn’t the biggest fool either.

      He articulated and left a ‘…Legacy In Words,’ saying;

      ‘…Wen yo’ nah know, yo nah know.’

      Thank God for ‘…Bold Face.’

Comments are closed.