Judge threatens to release murder accused

Yesterday in the Kingston and St Andrew Parish Court Chief Parish Judge Chester Crooks gave the prosecution until 1 p.m. today to complete its file against a murder accused or he said he will release him.

Attorney Evan Evans made an oral plea of habeas corpus on behalf of his client who has been in custody at the Half-Way Tree Police Station lock-up since March 26. A detective sergeant from the station informed the court that the file was not complete as they are awaiting the investigating officer's statement to be added.

"The file cannot reach the court because, and this is in no way an insult, but Crown, if the file can't reach the court for want of an IO [investigating officer] statement, then the bench can take the view then that the Crown's hands are tied and I have to make an order that the man be released. I'm going to do that because when does it stop? Seriously. And of course, what is going to happen next is that the media is going to run with it and say 'Judge releases man charged with murder'," the judge said.

Crooks reminded those present that persons on trial have a constitutional right to be brought before the court in a timely manner. "So, if the powers that be drag their feet and the man is in custody for an unduly long time, that man can sue the State and win. No matter what he is guilty of," Crooks explained. Crooks said that he would make an order for the detainee to be released.

"When they get their act together, find him and bring him. This has to stop," the irate judge said. However, before he could endorse the order, the prosecution informed him that they will have the file submitted to the court's registry and that the accused be placed before the courts today. "We ask that you stay your hands, Your Honour," the prosecutor reasoned. Crooks then gave the prosecution the 1 p.m. deadline.

"The defendant must be placed before the court by the latest 1 p.m. tomorrow [today] or released forthwith. It is a committal offence so he should be placed before the committal court," the judge instructed.