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Rick’s Café CEO freed of DRMA breaches

Published:Friday | June 3, 2022 | 3:42 PM
Chief Executive Officer of Rick’s Café Thomas Martin (right) shares a moment with his attorney Peter Champagnie outside the Westmoreland Parish Court after being freed of COVID-19 breaches today. – Contributed photo.

Chief Executive Officer of Rick's Café Thomas Martin was today freed of breaching the Disaster Risk Management Act.

Martin was charged for breaching COVID-19 protocols on May 27 last year.

He was freed after the parish judge Tamara Green upheld a no-case submission by Queen's Counsel Peter Champagnie and attorney-at-law Javed Grant who referred to a number of irregularities in the Crown's case.

The lawyers argued that the prosecution had failed to make out a case against Martin.

“I am happy that I have been vindicated and the justice system has worked,” Martin said after he was acquitted.

He also commended his lawyers for the great skill and care they displayed in representing him.

“I reaffirm my commitment to Rick's Café which has a long and rich history as an enviable attraction centre not just in Jamaica but internationally,' Martin said.

The prosecution had led evidence at the trial in the Westmoreland Parish Court that the police, acting on information, went to Rick's Café in Negril, Westmoreland on May 27 last year and observed that the bar was in operation.

It was reported that several COVID-19 rules were not being observed at the establishment.

The incident took place at the time when the party series Mocha Fest was being hosted by Rick's Café.

After the Crown closed its case, the defence lawyers submitted that Martin could not be liable for any alleged breaches because he was not on the property when the police visited the location. 

The defence lawyers pointed out that a prosecution witness had confirmed that Martin was not on the property when the police arrived.

Champagnie suggested that there was obviously an indecent haste at the time to appease the public's sentiments without regard for proper procedure and investigation.

Champagnie, in calling for the judge to enter a verdict of acquittal, pointed out that Martin would not have had the mental element to establish guilty knowledge of any alleged breaches.

- Barbara Gayle

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