Fri | Jan 19, 2018

Case almost 12-years-old again postponed, attorney hopes to see it tried before retirement

Published:Monday | May 30, 2016 | 11:33 AM

Livern Barrett, Senior Gleaner Writer

"I hope I don't retire before this case is tried."

That declaration by top criminal defense attorney Valerie Neita-Robinson came in the Home Circuit Court this morning after the trial of a 12-year-old case was again postponed.

Neita-Robinson's client David Sergeant was arrested and charged in August 2004 for the shooting death of Omar Powell, also known as Rohan, in the east Kingston area.

The lead police investigator reported that moments before Powell was wheeled into the operating theatre at the Kingston Public Hospital he made a dying declaration.

"Mi know seh you a pastor. Me nah go mek it. A Ruggu and Ritchie shat me up," he said Powell told him.

Three years later Sergeant was convicted of murder.

However, in March 2010 the Appeal Court overturned the conviction citing erroneous direction by the presiding judge on how to treat a dying declaration.

Since then the case has been set for trial several times.

When it was mentioned today prosecutors indicated that the trial would not get under because they were giving priority to another case.

"All my witnesses have either died or retired. I am still struggling with this case," Neita-Robinson said in court.

"I hope I don't retire before this case is tried ... and there is a great possibility of that," she continued.

Sergeant's trial is now set for November 14.