“Eleven witnesses testified on behalf of the crown and at no time any one of them was able to link the first defendant Karim Nelson to the offence of wounding Cornelius John.” The question is who is that someone?”the magistrate asked. In the case of Nelson, the judicial officer reasoned: “Judging from the medical report there is absolutely no doubt in my mind that (John) sustained gunshot wounds to his left leg by someone on that fateful day. “The court finds that the criminal assault charge against Morgan cannot be sustained, she is therefore acquitted of criminally assaulting Cornelius John,” Pompey ruled. The magistrate continued, “Two: (John’s) wife testified she was at the time in her porch just across the road from (her husband’s) residence and was able to see when the ‘taller man’ pushed her husband but did not see the second defendant, Ashelle took out a gun and point it in (John’s) face.”įinally, he noted the failure of John, “to mention the assault by Morgan to the first respondents: a Rochel Franklyn and Sergeant Prescott.”įurther, that when John told the police of the incident he did not mention that Morgan cursed, but said so in court.
“Counsel you have a recourse to the Appeal court,” the magistrate informed the prosecution. Counsel Daniel submitted that the denial was also part of the prosecution’s case. “I’m just saying that there’s no evidence in this court under oath…” the prosecution said. He continued that he preferred the evidence of Morgan to that of John for multiple reasons which included the credibility of John compared to Morgan.īrette rose at that point to say that Morgan had not given any evidence, to which the magistrate responded that she had denied it in a statement to the police. In ruling on the charge against Morgan, Pompey stated: “The issue boils down to (John’s) word against the second defendant’s(Morgan’s) word.” Magistrate Bertie Pompey The investigating officer also was listening. John, who has been attending court every day to listen to the evidence was seated in the courtroom, as was Morgan’s aunt, who also has been regularly at court to hear the exchanges and testimonies.
This is how the parties were seated since the start of the case last week Wednesday. Counsel with the ‘watching brief’, Kay Bacchus-Baptiste, was sandwiched between the opposing sides at the bar table. The defence lawyers and the prosecution were settled at either ends of the bar table facing him. Sitting in court were the defendants on two chairs to the right, front of the magistrate. Having referred to his notes on the evidence, Magistrate Bertie Pompey returned yesterday, November 18, with his ruling. The prosecution led by St Lucia’s Deputy Director of Public Prosecutions, Stephen Brette responded. Marks spoke to the charges laid against Nelson for wounding and unlawful discharge of a firearm on John’s property on the date in question. The submissions, delivered on Wednesday November 17, outlined why the lawyers believed there was no case for their clients to answer.ĭaniel spoke to the charge of criminal assault wherein it was alleged that his client, Morgan on April 13 in Diamond, pointed a gun in Cornelius John’s face and supposedly told him if he called her f-ing name she would shoot him in his mouth. This decision was handed down at the Mesopotamia Magistrates Court, sitting at Calliaqua, after no case submissions were made at the end of the prosecution’s case by defense counsels Duane Daniel and Ronald Marks, representing Morgan and Nelson respectively. Lawyer Kay Bacchus-Baptiste (centre), speaks with Cornelius John (right), and his wife Nicole John outside the court. The court has ruled to acquit Assistant Director of Public Prosecution(DPP) Karim Nelson and Senator Ashelle Morgan for charges laid against them following an April shooting incident in Diamond.
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