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DPP says Irwin Point rape case prosecutors acted in the public’s interest
2013-07-23 13:12:50 | (0 Comments)
Jovan Johnson, Gleaner Writer
Jamaica’s top prosecutor, Paula Llewellyn says the Crown acted in the public interest when it allowed the Irwin Point rape case to go ahead earlier this year after DNA evidence failed to place the accused brothers at the crime scene.
Yesterday, Kerron and Sheldon Brissett, who were arrested and charged in connection with the 2012 rape case of five females, were found not guilty after the complainants could not positively identify the men in court.
DPP Paula Llewellyn says a lack of public education about the law on evidentiary material could be fueling the perception that the prosecution should have discontinued the matter.
She says case law dictates that even with DNA evidence, all other evidentiary material have to be put before the court, which includes allowing the complainants to give evidence.
The DPP argued that while the complainants’ statements to the police were sufficient for the arrests of the Brissett brothers, the statements would have faced greater scrutiny in a court of law.
She says while complainants gave excellent evidence of surrounding circumstances of the incident, their identification evidence did not rise to the acceptable legal threshold.
As a result, Llewellyn says the most appropriate decision was to offer no further evidence.
The Crown’s case was led by acting deputy DPP, Sharon Millwood-Moore and Crown Counsel, Garcia Kelly.
The brothers were represented by Attorney-at-Law Lambert Johnson.
They were arrested following the much-publicised rape case, in which five females, including an eight-year-old girl, were taken from their home and raped in an open lot on September 24, 2012.
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Source: The Gleaner/Power 106 News
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