By:St. Clair Sazam Hull
(CHARLESTOWN NEVIS)-The Magistrate Court in Charlestown, District C Nevis resumed its usual sitting on Tuesday, July 19, 2016 before Her Honor Yasmine Clarke.
The matter before the Court was that of Dylon Parris, a resident of Stoney Grove. He was charged for larceny and receiving and pled not guilty to both charges. The accused was represented by Attorney at Law, Ms. Saundra Hector.
According to the Police Prosecutor, Eurita Percival, on Friday, February 29, 2016 the defendant stole a Toyota Rav 4 backdoor from the property of Noel Liburd of Farms Estate.
The Prosecution’s first witness was Travis Bryant of Brikiln Village. He told the Court, that on March 4, 2016, the defendant drove a Toyota Rav4 to his workshop and asked for it to be repaired. Bryant pointed out, that he told the accused that the jeep could be repaired, but he will have to get a backdoor. He said a few weeks after he had engaged Parris, the defendant told him that he had gotten the door but he had no transportation and asked if he could pick it up. The witness stated that he took the jeep to the accused and a few hours after he returned with a green door. He noted that he repaired the door and painted it blue. The witness indicated that on March 15, 2016 the accused came and collected the jeep and paid him $2,500.00. Bryant also told the court that he was unaware of where Parris got the green door.
The second witness to give evidence on behalf of the Prosecution was Deon Ward. He noted that he is the owner of 3DS Car Rentals which includes two Rav4 Jeeps. Ward stated that on Friday, February 12, 2016, he received a call from Dylon Parris who told him he wanted a rental vehicle the following week. He told the Court, that on February 19, the defendant came to his home and collected the vehicle. Ward noted that while the jeep was in Parris’ possession, he called and said that he was involved in accident. He pointed out that Parris told him that Best Buy truck had hit from behind and the back glass was broken and the backdoor was damaged badly. The witness said that Parris indicated that he was going to take care of the damages and was planning on getting a backdoor from a mechanic in St. Kitts.
Ward told the Court, that a few days after he had spoken with the accused, he visited a mechanic shop at Long Point which is owned by Keebo Wade. He noted, that he spoke to one of the employees at the shop who said that Dylon had brought a vehicle to be repaired but he was waiting for a backdoor. He pointed out, that the first time he visited the shop, he realized that the jeep still had the old backdoor, but on his second visit a week later, he noticed that the old backdoor had been replaced by another door. He indicated, that he was told by an employee that they were preparing it for painting. Ward said the door was covered with primer and body filler and it was in the color of grey.
Ward indicated, that on Friday, April 8, 2016, some Police Officers showed up at his home and told him that they were doing an investigation about a Green Rav4 Backdoor. He stated that he gave the officers permission to check the jeep. Ward said, that the officers removed the inside panel from the backdoor and it was Green on the inside but Blue on the outside. He pointed out that he affixed his signature on the door and permitted the officers to take the door with them. He told the Court that he had no idea where the accused had gotten the door.
The Prosecution’s final witness was Constable Javern Weekes. He indicated, that he is currently stationed at the Charlestown Police Station and on March 5, 2016, Mr. Noel Liburd of Farms Estate, came to the police station and filed a report. He said that Liburd reported that someone had entered his premises and stole the backdoor from a Green Rav4. The officer said that he visited the property of Liburd and saw a vehicle exhibiting signs of damage and the backdoor was missing. Weekes noted that he took photographs of the same vehicle and started his inquiries.
He said that on Friday, March 8, 2016, he went to the home of Deon Ward who is the owner of 3D’s Car Rentals. He stated that he told Ward, that he was making inquiries into a matter and he suspected that the backdoor on his jeep was stolen. Weekes further stated, that he indicated to Ward, that he suspected that the door was previously Green in color. The Constable told the Court, that Ward gave him permission to inspect the door and during the inspection, he noticed that the inside of the door had a Green colored paint. Weekes indicated that Ward pointed out that the jeep was previously rented to Dylon Parris of upper Stoney Grove.
He noted that as a result of what he was told, he went in search of the accused, and inquired about the jeep that was previously rented to him. He told the Court, that the defendant admitted that he had rented the vehicle and he asked him if he was aware, that the Blue door which was on the vehicle was stolen. Weekes noted, that Parris said he got the door from some friends, and when he asked Parris what color the door was he said it was silver.
Weekes indicated, that he then showed the accused the Green paint that covered the area beneath the inner panel and asked him, if he sure it was silver? He stated that in contrary to what the defendant had told him before, he said that the door was Green and he had taken it to a mechanic shop at Long Point to be painted Blue. The officer said that he took the door and Dylon to the police station and told him he was under suspicion for larceny. Weekes pointed out, that he made further inquiries at Keebo’s Mechanic Shop, spoke to Travis Bryan and showed him photographs of the backdoor. Weekes said that after the investigations ended, he formerly arrested and charged the defendant for larceny and receiving.
During cross-examination, Hector asked Weekes if he suspected the accused of the offence during the conversation that they had and Weeks replied and said “Yes”. The lawyer asked the witness if the accused was charged with both offences at the same time and Weekes said he was. She also asked Weekes if he checked any other Rav4 on the island and the witness said he did not check any other that was the only one he checked.
In her closing arguments, Hector told the Court, that the Prosecution failed to prove their case against the accused. She indicated that no evidence was given that the defendant stole or received anything from anyone. She also pointed out that no one gave evidence and took ownership of the item that was before the Court. In closing, Hector asked Her Honor to dismiss the case against her client noting that the Prosecution had failed miserably.
In making her decision, Her Honor noted that nothing was wrong with the evidence that was given by the witness. However, she indicated that no one came to claim that the property in question belonged to them. Her Honor dismissed the matter against Parris.