Lawyer for murder accused peeved over issue of outstanding documents
Men remanded for February 1, 2023 committal hearing
Published:Wednesday | December 28, 2022 | 12:21 AMChristopher Thomas/Gleaner Writer
WESTERN BUREAU:
THE ST James Parish Court has set February 1, 2023, as a committal hearing date for two men accused of the October 9 shooting death of 21-year-old Gareth Leslie, for a ruling to transfer their case to the St James Circuit Court for trial.
Renaldo Stone and Jerome Foster, who are charged with murder in relation to Leslie’s death, were remanded following their court appearance on Wednesday, December 21, after being given the new court date by presiding Parish Judge Sasha-Marie Ashley.
During the court proceedings, the prosecution revealed that it was not ready to proceed as several documents, to include the post-mortem report and the scene-of-crime statement, had not yet been submitted for the case file. It was also disclosed that the investigating officer was absent from court due to illness.
However, the defendants’ attorney, Henry McCurdy, complained that the file should have been completed ahead of the court hearing, particularly since the men had previously been denied bail due to the incident reportedly taking place while they were facing a separate murder charge.
“Quite frankly, it is unfair to have persons in custody be charged, and then you are coming to say you have things outstanding. While I do understand they are before the court on another murder charge, and this offence is alleged to have been committed while they were on bail, and the Bail Act speaks to that, their liberty should not be taken away willy-nilly, and it is unfair to the accused men and to their family members,” McCurdy told Judge Ashley.
“It is just sad that after they have been so long in custody, they are still being told that things are outstanding and that the officer is on sick leave. Once you are sick, your case is assigned to someone else to complete; and if I am sick, the judge will say, ‘Find a next lawyer to do the case’,” McCurdy added.
“What I do know is that, particularly in these matters, there is a team of officers who work, so that the investigating officer being ill should not hamper the completion of the file,” Judge Ashley replied, adding that she would grant the prosecution’s request for more time in order to secure the completed post-mortem report.
The judge subsequently set February 1 as the committal hearing date for Stone and Foster to be brought back to court.
Allegations are that on October 9, Leslie and other community members were at a bar in German Town, St James, when a group of men drove up in a white Toyota Vitz motorcar. Three men alighted from the vehicle and opened fire on the group, hitting Leslie and four other persons, before escaping in the vehicle.
The police were summoned and the victims were rushed to the Cornwall Regional Hospital, where Leslie was pronounced dead and the others were admitted.
Subsequent investigations led to Stone and Foster being taken into custody and later charged with Leslie’s murder.