Sun | Nov 28, 2021

Judge commends prosecutor for 'no evidence' submission in rape case

Published:Thursday | July 25, 2013 | 1:49 PM

Barbara Gayle, Justice Coordinator



A judge today commended a prosecutor for the bold step she took in offering no evidence in a rape case.




Justice Vivienne Harris said good prosecuting is not only about winning a case or getting a conviction but being ministers of Justice.



Thirty-year-old bus driver of Bull Bay, St Andrew, Andre Smellie was charged with rape.



It is alleged that in January 2009 he abducted a woman and took her to his home where he raped her.



The complainant has since migrated.



Today prosecutor Lorie Cole Montaque told the judge that although she could proceed under the evidence act to have the statement admitted she would not do so.



The prosecutor said there were inconsistencies in the statement the woman gave to the police and at the preliminary enquiry.



Atorney-at-Law Tamika Harris who represented Smellie also commended the prosecutor for disposing of the case in the way she did.



The DPP has been under fire for losing a number of high-profile cases.



FOR MORE STORIES WATCH:




Like our new Facebook page http://www.facebook.com/gleanerjamaica



Follow us on Twitter http://twitter.com/JamaicaGleaner



onlinefeedback@gleanerjm.com