The Director of Public Prosecutions Office (DPPO) has announced that the case of DPP v. Calvin Powell has been dismissed due to the inability to disclose new information that could potentially be beneficial to Mr. Powell.
Mr Powell was charged with the murder of Javrell Alford during the Federations Carnival J’ouvert celebrations in 2022.
The trial began on April 17th, 2024, but the prosecution was unable to continue after a key witness became hostile during the examination.
The prosecution was permitted to cross-examine the witness, but on April 19th, 2024, new information came to the attention of the prosecution from another potential witness to the fatal stabbing of Mr Alford.
Unfortunately, the notes taken by the lead investigator during an interaction with this witness cannot be found, and the investigator is unable to recall the details of the witness’s statements.
The prosecution must disclose all relevant information in the possession of the State which helps the defence or undermines the prosecution case, but given the missing witness notes and the investigator’s inability to recall the information, the prosecution cannot fulfil this obligation.
Therefore, the Director of Public Prosecutions has entered a nolle prosequi in this matter, which means that the charges against Mr Powell are dismissed at this time, but the case can be brought back before the court if further investigation yields new evidence that strengthens the prosecution’s case.