By: Gavincia Clarke
(CHARLESTOWN, NEVIS)- At the District ‘C’ Magistrate Court on Tuesday, March 4, 2013 Malvern ‘Molly’ Walwyn of Hardtime Village, Gingerland appeared before the court charged with larceny.
He pleaded not guilty. It was alleged that on February 23, 2013 Walwyn broke into Superfood Supermarket situated at Cedar Trees and stole a number of items.
Owner of the Supermarket, Ken Evelyn gave evidence. He stated that at about 9:30 p.m. on the day in question, he left and secured the building. He returned the following morning at about 7:30 a.m. and upon his arrival he noticed the front glass window was broken. He immediately searched the property and realized that some items from the store were missing. These items include salt fish, chicken, ribs, (3) water hose, Hennessy, Baileys, Champagne, cartons of cigarettes, packets of kool-aids and cheese cutter. Some coins were also missing from the cash register. The office was ransacked.
He further stated that on February 27, 2013 he was shown a number of the items by Constable Hanley. Mr. Evelyn said he was able to identify the goods removed from the store because of the identifying price tags.
The Prosecution then called two witnesses, Fredrick Weekes and Ivan Liburd. Weekes said he was walking across a track when he saw the defendant carrying a box. He said they passed close enough to each other so that he could have recognized him as the accused. The other witness, Liburd said that he was heading to hot bath at about 5:00 a.m. when he saw the defendant. He stated that he saw a box and when he looked inside the defendant stated, ‘that’s my box’.
Constable Antonio Liburd said he received some information about a building breaking and larceny at Superfood Supermarket. Acting on information received, he said an abandoned house was searched and the items listed as being missing from the supermarket were retrieved. These items were in a box.
Corporal Ray Gordon told the court that on February 25, 2013 based on information received a search warrant was executed on the premises of the defendant. A few boxes of cigarettes were retrieved from the defendant’s home. They were taken into police custody along with a green shirt.
Another officer was called to give evidence. Constable Hanley, with allotted number 446, said while he was questioning Walwyn in police custody about the incident, Walwyn stated, ‘I did it, charge me and send me to SK. I must get bail’. The officer said after that he made no further statements.
Walwyn in his evidence told the court that he was 100% innocent of the charges. He said on the day in question he was at home in his bed. He stated that he was out partying the night before and he arrived home at about 3:15 a.m. According to Walwyn, he did not go into Superfoods or into any abandoned house. He also denied walking along the track identified by witness, Frederick Weekes.
Walwyn continued, ‘The officers need to do their job, they are getting paid to investigate’. He testified that he had only appeared before the court in the past for the possession of marijuana not larceny. He also denied telling Constable Hanley that he was guilty of the act. He admitted however that he did tell the officer, ‘Charge me and send me to St. Kitts I must get bail’.
Her Honor Magistrate Clarke then told the court that the two witnesses indentified the accused and placed him in the vicinity of the supermarket with a box. She however outlined that the witnesses did not identify any of the stolen items in the box and as a result Walwyn could have been carrying anything. Her Honor ruled on the testimony of Constable Hanley who stated that Walwyn told him ‘I did it, charge me’. She said she did believe the officer. Magistrate Clarke then told Walwyn, ‘I have no doubt in my mind that you broke into Superfoods’.
After reading his antecedences it was revealed that in 2002 Malvern appeared before the court for larceny. Since 2002 to present he has amassed 11 convictions. She told the defendant that it was a pity that he had chosen this life since she was of the view that he was very intelligent.
After expressing her disappointment with the accused, Magistrate Clarke sentenced him to three (3) years imprisonment.