By Latrishka Thomas
In just a day or so, the fate of three men charged with throwing missiles during clashes with police arising from the notorious ‘Freedom Fighters’ protest will be revealed.
This is because Magistrate Conliffe Clarke declared yesterday that the case will be thrown out if the prosecution fails to provide the police investigation file – known as ‘disclosure’ in legal terms – by Friday.
Dwayne Desilva, Horan ‘Hammer Pump’ George and Terry Viville were charged days after the August 8 2021 uprising which saw police use tear gas and fire rubber bullets to disperse protestors.
The demonstration was staged in protest at various Covid-19 related measures, including the imposed state of emergency and mandatory vaccines.
When they made their first court appearance, the defendants were each granted bail of $5,000 with a $500 cash component.
Their lawyers had asked that the entering of pleas be deferred until the case file is disclosed.
The matter was therefore adjourned until November 30.
But when George, 46, Viville, 22, and Desilva, 23, appeared that day they were told that they would have to wait another two months and an order for disclosure was reiterated.
Now, having waited six months in total, the prosecution admitted yesterday that they have failed to comply with a court order and asked for an adjournment “in the interest of justice”.
The irate defence counsel, Leon Symister, responded saying “in the interest of justice this should be dismissed”.
If the disclosure is not presented by Friday of this week, the case will be quashed when the men appear again on March 2.
Meanwhile, Donette Simon of Tindale Road, and Shenel Williams of Villa, are said to have organised the protest and are jointly charged with “organising a prohibited public meeting” and participating in said event.
Williams was also charged with incitement and encouraging unlawful behaviour.
They also share the same fate regarding disclosure and their matter will be dismissed too if the prosecution is not ready to proceed on March 2.