By Tahna Weston
The non-appearance in court of a police sergeant for his long outstanding trial spurred the frustration of the presiding magistrate who chastised him, seemingly wanting to drag out the case.
Karim Warner’s trial was set for yesterday in the All Saints Magistrate’s Court before Magistrate Ngaio Emanuel.
However, neither Warner nor his attorney Andrew O’Kola was present. Warner is facing charges of discharging his firearm in a public place and assault.
However, he submitted a sick leave which apparently stated that he is suffering from an upper respiratory tract infection. The sick leave ends on December 10, which is the same day that Magistrate Emanuel said she has set to deal with her final case for this year.
Attorney Michael Archibald, who was holding papers on behalf of O’Kola, informed the court that O’Kola had an emergency and was therefore unable to be there.
Magistrate Emanuel became upset upon hearing that Warner was again unable to attend court, since this was not his first time he missed the court date.
“Why am I smelling a rat? I smell a rat and a big one,” Magistrate Emanuel said.
Noting that the case is a very sensitive and simple matter which she does not want to go over into the New Year, the magistrate said that there seems to be some concerted effort by the accused and his counsel to have the matter delayed.
Emanuel pointed out that in her 11 years as a magistrate she has not seen so many applications for leave by an accused to travel, some even being made in her absence.
The magistrate has placed the accused and his attorney on notice that she will not be granting anymore applications for leave.
“This is a height of nonsense. The matter has to come on stream,” she said, adding that Warner and O’Kola should know better than to try to have the case dragged out.
Magistrate Emanuel also mentioned the fact that the case file went missing initially and now it has been found the accused is ill, and coincidentally he has fallen ill before the trial.
The magistrate was also concerned about the public perception with regards to this case, stating that this constant delay tactic places the judiciary in a bad light.
She therefore suggested to the prosecution that this situation should be reported to the Commissioner of Police in the interest of justice, as Warner is still a police officer, albeit on suspension.
“This makes you [the police/prosecution] look bad. My whole day was wasted when I could have been doing another trial,” Magistrate Emanuel said.
The witnesses for the prosecution were present for the matter, and the new date set for the trial is February 10, 2025.
Sergeant Warner has already pleaded not guilty to charges of firing 12 rounds at a white Toyota Mark X motorcar with two civilians inside.
He allegedly tracked and confronted the occupants — a man from Hodges Bay and his girlfriend from Liberta, near Emerald Cove Resort in Willikies — over a leased vehicle, leading to the shooting incident on December 3.
Police reportedly discovered bullet holes near the handle of one of the vehicle’s rear doors and spent shells around it.
