Two criminal offences of using obscene language and resisting arrest against a woman were thrown out yesterday because of the non-appearance of the police officer who filed the charges.
Seema Badree, 28, a housewife was told by San Fernando Fifth Court Magistrate Kerianne Byer she was free to go after upholding an application by defence attorney Ainsley Lucky to have the matters dismissed.
The matter which was set for trial for the last time yesterday was called around 9.10 am. It was stood down after prosecutor Ian Sylvon informed the magistrate that the charging officer, PC Sookram, was on his way from the Erin Police Station.
When the matter was recalled shortly after 11 am, the officer was still not there. Asking for the matter to be dismissed, Lucky said his client was charged seven years ago and has been partially punished as it has had a deleterious effect on her.
The magistrate reminded Lucky that his client first appeared in court in this matter in June 2016 after she was arrested on a warrant.
Upon Badree’s arrest in 2010 she was granted bail at the station, but did not appear in court to answer the charge and a warrant was issued for her arrest.
Perusing the record from Badree’s first appearance to now, the magistrate noted that the matter was called nine times and on each occasion the charging officer had not “bothered to come to this court.”
The magistrate again stood down the matter after she was told the officer “will be here any minute now,” while she dealt with a related to Badree failure to attend court after being charged.
Badree said when she was granted bail she did not know she was suppose to appear in court to answer the charge because no one told her she had to. Badree, who could “read and write a little” said she could not remember signing the bail document which stated when and where she would have to appear in court.
Taking into her account her age, her unfamiliarity with the court system and the fact she has appeared each time her matter was called after her arrest and her limited reading and writing skills, the magistrate dismissed the matter.
Following this, the name of PC Sookram was called again but there was no response.
The magistrate also dismissed the charges against Badree for want of prosecution.
