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Assault charges dropped after alleged victim declines to testify

Charges were dropped against three men accused of armed robbery after the complainant would not talk with prosecutors.

Detroy Smith, 24, and Wesley Stovell, 18, both from St. George's, had charges against them dropped yesterday after spending two months in jail awaiting trial. A third defendant, Umdae Woolridge, 20, also had the charges dropped against him but he was remanded in custody on another criminal matter.

The three were charged with trespassing on a Slip Point Lane, St. George's home with a firearm on July 1. They were also accused of stealing $1,200 from the home and considering with one another to commit the offences. On Thursday Crown counsel Cindy Clarke informed Magistrate Archibald Warner she would not be presenting evidence against the trio because the complainant — who was not named — was no longer prepared to proceed with the case.

A three hour academic argument ensued where Ms Clarke and defence lawyers Elizabeth Christopher and Sade Subair argued the case should be dropped via a legal format known as a nulli.

However, Mr. Warner said he was unable to do so. Ms Subair reminded him that he had used the same format when dropping gun related charges against another defendant earlier this year, but he maintain he could not do it in this instance.

Yesterday Ms Clarke returned to court and made a different application, where she asked for a discontinuance and Mr. Warner discharged the men within minutes.

Mr. Smith and Mr. Stovell left court but Woolridge remained for a separate charge of taking a vehicle without consent. He will return to court on September 10.