Drew Farrell at a previous appearance before the Magistrate's Court on October 5, 2012. Photo:VINO/File

Senior Crown Counsel Sarah Benjamin related that full disclosure has been made in the matter and the prosecution was now ready to proceed with a Preliminary Inquiry (PI) into the matter once a date has been given. She added that the additional medical and police statements were also received and these were included in the items disclosed to the defence.

When he appeared before the court previously on October 5, 2012, Magistrate Richards explained to Farrell, a native of Virgin Gorda (VG), that a preliminary inquiry (PI) needed to be conducted into the attempting to choke charge since it was an indictable matter and would ultimately have to be dealt with at the High Court if necessary.

The accused was charged with damaging one blue t-shirt valued at $10, property of the Virtual Complainant (VC), as well as attempting to choke the VC on October 1, 2012 at Valley, Virgin Gorda.

Mr Farrell expressed that he was hoping that his lawyer, who was absent due to a pending trial in the High Court at the time, would make another bail application on his behalf and was concerned that this could not be done.

Magistrate Richards explained that the Magistrate’s Court is an inferior court to the High Court and the time that has since elapsed between his application for bail at that court did not appear sufficient to introduce any new elements to prove that things have changed significantly since then and thus show cause as to why he should receive bail at this time.

She stressed however, that this was a matter for his legal representative to deal with once the matter is brought before the court again.

At his last appearance in the Magistrate’s court the prosecution related that the VC was at home at about 11:30 P.M. on October 1, 2012 when the defendant called her phone to speak with her. She asked what the matter was and he told her he had received a phone call from someone who informed him that she was seen at the top of The Baths in a short brown top with a man.

The defendant then allegedly arrived at the VC’s home and she came to the door at his request for a conversation, standing at the partially opened doorway with part of her body remaining inside the house.

At some point during the conversation an argument reportedly ensued and the VC tried to close the doorway but the defendant then allegedly grabbed her by the throat and began to choke her. She eventually freed herself but the defendant held on to a blue t-shirt she was wearing at the time and tore it.

The defendant then allegedly struck the VC to the right side of her face with his fist and held on to her throat again and began choking her once more. The VC stated that as he did this, she felt her breath leaving her body as if she was about to die.

The VC then called for help and a male and female from the apartment came to her assistance. The male allegedly held the defendant and tried to push him from the VC; they then became involved in a tussle at which point the defendant allegedly pulled out a black gun from his waist.

The male, the court heard, held on to the defendant's hand in an effort to seize the gun since the defendant was heading towards the VC at this time.

The female, who came to the VC's assistance, then reportedly shouted at the defendant, telling him to leave the apartment. At this time the male managed to get the defendant out of the apartment.

Police were summoned and Sergeant Williams was assigned to the matter for investigation. At about 8:40 A.M. on October 2, 2012 the defendant was allegedly taken into custody, cautioned and told of the report made by the VC.

An interview was conducted during which the defendant allegedly admitted to hitting the VC and tearing her shirt but denied having a gun on the evening at the defendant’s home.

Crown Counsel Sarah Benjamin objected to bail for the defendant. Among the reasons given were that the VC was very afraid of the defendant with whom she shared a relationship that ended shortly before the alleged attack. Benjamin also said that the evidence file was incomplete and the crown believed that there was the likelihood of the defendant interfering with potential witnesses.

The defendant, in his bail application, said that the VC, who is the mother of his child, is unsuited to the task of raising their one year old daughter. He also claimed that some of the allegations were false. “I am not foolish enough to kill the mother of my baby,” Farrell said, “I was upset, yes.”

Farrell, who represented himself at the arraignment, then embarked on a lengthy course of begging and pleading with the magistrate to be granted bail saying that there was no proof to support the charges. “… no scars, no damage,” he muttered. He added that he had nothing to prove to anyone and had his daughter to live for and to take care of.

The defendant admitted in court that he “only hit her once” and grabbed her t-shirt. He then said all of this was because she wanted to have an affair. After he continued along this line he turned his attention to the court attendants and reporters in the room and began chastising them for apparently finding humour in his plight.

Magistrate Richards then warned him that he was not helping his cause but he continued to mutter and said things could have been worse on the night. After Magistrate Richards urged him to calm down several more times he apologized for his conduct before the court.

Farrell is now scheduled to return to court on December 11, 2012 at which time the PI is expected to begin.