Dalrymple Philibert, co-accused’s dumping case set for Feb 21
The illegal dumping case against House Speaker Marisa Dalrymple Philibert and her two co-accused is set for trial on February 21 next year in the St Ann Parish Court.
The date was set on Wednesday when 66-year-old Dalrymple-Philibert, who is also member of parliament for Trelawny Southern; her son, Giovanni Philibert, 30; and her gardener, Simon Sanchez, 42, appeared in the St Ann Parish Court.
The three are charged jointly after they were allegedly caught dumping garbage at the side of the road near Salem in St Ann on August 15.
At the mention on Wednesday, defence lawyers Peter Champagnie and Tom Tavares-Finson argued that their client should not have been charged as having being instructed by the police to take up the garbage, they complied and returned it to the pick-up.
On this basis, the lawyers applied to have the charges dropped, claiming that no offence was committed. This was, however, denied.
The defence further argued that instead of hauling the accused before the courts, the cops should have ticketed them for the alleged offence.
In the meantime, the prosecution is to collect an outstanding statement from the St Ann Municipal Corporation before the trial date.
“Essentially, it was a situation where an application was made to the court that based on the statements in our possession that no offence had been committed and we made reference to the relevant section under the act,” Champagne later told The Gleaner.
He indicated that the defence is still hopeful that the case may be dismissed.
“It is now set for 21st February for trial, when, on that occasion, the prosecution will indicate whether that they’re moving forward because it would seem to me they would need to advise themselves as to whether or not they can mount a successful prosecution of the matter based on the allegations, to include the reference to the section that we relied on to say that there is no offence,” the lawyer stated.