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Court of Appeal rules against re-trial for Anderson

An attempt to have Horse Path resident Garfield Anderson, 24, placed before the courts once more on a charge of indecent assault that was previously removed, proved unsuccessful before the Court of Appeal yesterday, April 30, 2014. Photo: VINO/File
ROAD TOWN, Tortola, VI – An attempt to have Horse Path resident Garfield Anderson, 24, placed before the courts once more on a charge of indecent assault that was previously removed, proved unsuccessful before the Court of Appeal yesterday, April 30, 2014.

The incident allegedly occurred in June 2012 and Anderson was first arrested and charged in November 2012.

Anderson’s case was dismissed before the Magistrate’s Court by Magistrate Jack Husbands in September of 2013 for want of prosecution after several adjournments requested by the prosecution and defence failed to lead to a start in his trial.

Despite strenuous arguments, Acting Director of Public Prosecutions, Tiffany R. Scatliffe could not convince the Court of Appeal that the Magistrate’s decision proved to be acting against the public interest in the matter.

Attorney Patrick Thompson represented Anderson before the Court of Appeal which was comprised of Justice Davidson Baptiste, Louise Blenman and Gertel Thom.

Court of Appeal Justice Davidson Baptiste said the Court had examined the reasons advanced by the Magistrate and was not of the view that the Magistrate acted unreasonably in the matter. The Appeal was subsequently denied.

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