Rape-accused police constable walks free following dismissal of case


SOURCE: Daily Observer – The Police Constable, who was charged with having sexual intercourse with a minor in May 2013 has returned to active duty at the police headquarters after the seven-year-old case against him was dismissed recently in the court.

His Attorney, Wendel Robinson, revealed on the weekend that the officer was reinstated after the virtual complainant, who is now an adult, said she no longer wished to continue with the legal proceedings against the accused.

It also follows a mini-inquiry that was conducted by Justice Morley QC to determine the whereabouts of the officer’s case file that apparently went missing.

“During the time when the matter came up before the Judge, the Magistrate Court was able to retrieve a copy of the file that was in the police archive.

That was sent to the High Court so that the matter could be indicted.

“The officer was indicted.  However, during that time, the virtual complainant requested no further action in the matter. She is now matured and no longer wishes to procced with the matter,” the attorney said.

The case came up in court recently, months after the Attorney made it public that he will be petitioning the court, on the behalf of his client, to have the matter thrown out on the grounds that the officer’s constitutional right to a fair trial had been breached.

In early December, Robinson indicated his intention to file the constitutional motion against the Attorney General, the Director of Public Prosecutions and the Police Commissioner. He accused the three high-profile individuals of breaching Section 15 of the Constitution of Antigua and Barbuda, which speaks to a person’s right to a fair trial within a reasonable time.

The lawyer said that his client attended all his hearings and was committed to stand trial since October 2014, and to date, he had not received a trial, never received his deposition, which apparently went missing.

Meanwhile, Robinson went on to explain that following this most recent development, and in consultation with his client, they have decided to withdraw the constitutional motion.

“My Client has achieved what he wanted to achieve, which was to return to work. It is recognised that the matter has been very long in the system, and he would have been sufficiently punished. I was very happy when I saw him back on the job at the police headquarters,” Robinson said.

According to the lawyer, the officer, whose name cannot be mentioned due to the nature of the offence, will also be entitled to receive a portion of his salary that was been withheld pending the outcome of the court case.

Despite the changes in the development of the case, the noted attorney also explained that his client had good grounds to file the constitutional motion on the abuse of the process and the breach of his constitutional rights.

“When a person files a constitutional motion, it is not a question of guilt or innocence. It is a question of the process, and whether or not the process used by the judicial system or by the police was abused, or whether or not his constitutional rights were infringed,” Robinson explained.

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  1. Is Franz elated to hear his jump and prance supporter is free? What does Cleon have to say about this and POWA?

    • Oh yes he is soon becomming the Johnny Cochran of Antigua and Barbuda. Guess he never has thought he would have such a vibrant legal carreer.

  2. Sexual intercourse with a minor . Never received the disposition which went missing . 7 years to bring a trial . No longer want to persue because she’s a adult now ? . What ? But you wasn’t an adult when the crime was committed . It should be the State that makes that determination because it was a crime against a minor . Because of the actions or non actions of the State THIS WAS CLEARLY THE OUTCOME THE STATE WANTED WOW !

  3. The 🔪 Guillotine of justice conveniently has a malfunction . "Sorry couldn't find a better Moji " but you get the point . The 🔪 Guillotine of justice conveniently has a malfunction . "Sorry couldn't find a better Moji " but you get the point .

    So this is where we’re at hmm 🤔. So the next adult male that commits a crime against a minor they’re really going to look him in the eyes and do what ?

  4. I am ashamed of this part of our Antiguan culture. I am happy I don’t have female children bc I would fear for them. They are preyed upon from day one and we accept it.

    Antiguan men, we have to do better than this. We have to start protecting our children from these predators.

    Too many young girls are getting raped with no consequences. Too many women are beaten and abused with no consequences. Too many women are murdered and missing and no one heels accountable. Too many babies being born and mothers left alone with no help. Too many of them are pimped at work by their shop owners and boss.

    Time to start changing this culture of the Caribbean. Time to educate our women. Time to hold them up high.
    Education and economics are tools we need to change this but this is not politics so no one cares.

    • “Blessed ” well said , i guess as the saying goes it’s not your problem until it happens to your love one .

  5. @ Blessed
    Very well said and to the point. However, instead of the prescribed tools of education and economics, it is in fact politics that will be used to highlight and champion the cause for self-serving reasons…. and more by the bitches than the butches!

  6. It is a shame what message are sending to our nation children, remember a society is regulated by a inherent sense of justice. I am told that this accused officer works directly with the deputy commissioner and commissioner of police at American road head quarters. For me this is a serious conflict and to some extent brings these two offices into disrepute this officer if remain in the service should be place to direct traffic every morning its ashame how much he uses his office in must abusive manner because he is close to the big men in police service i am calling on the attorney general to look into this matter this is very serious if files can disappear and a minor can be abuse in such manner and this involve a police officer oh my god this alledge crime was done to a minor then the state have a responsibility to protect our children and this officer should be sent home and a internal audit should be done in the police force as to how this case collapse .

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