Drew Farrell was warned to avoid contact with the Virtual Complainant when he appeared before the Magistrate's Court on January 15, 2013. Photo:VINO/File

Additionally, he was warned by Senior Magistrate Tamia Richards yesterday, January 15, 2013 not to interfere with or have any form of contact with the Virtual Complainant (VC). The warning extended to family members of the defendant who may also have made or are inclined to make attempts to contact the VC.

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

It was revealed during the Magistrate’s Court hearing yesterday, that the order issued by the High Court did not stipulate any conditions related to contact with the VC. However, Senior Magistrate Richards related that a section of the law was clear in stating that it was an offence for the accused to make contact with the VC and he could be charged for doing so. The Senior Magistrate further related that the prosecution had claimed that paperwork involved in the filing of the defendant’s application indicated that some form of contact was made with the VC.

Senior Crown Counsel Sarah Benjamin, in the absence of the defendant’s attorney, Mr Patrick Thompson, gave notice of the prosecution’s intention of filing an application for the defendant and his family members to avoid contact with the VC and asked the accused to relate this to his attorney. Attorney-at-law Stephen Daniels, who held for Mr Thompson, expressed that there was no prejudice after the intent to file the application was made. The prosecution further related that there appeared to be no additional attempts to contact the VC after the accused was granted bail since he had apparently succeeded in achieving his freedom.

It was anticipated that an additional charge of possession of a firearm would be laid against the defendant but this was not done due to the absence of his attorney, who had a matter before the Court of Appeal at the time of the hearing. Ms Benjamin also related that witnesses in the matter were scheduled to appear in court but this was not done after Mr Thompson had indicated that he would be absent from the proceedings.

The prosecution did not object to an adjournment of the matter given the circumstances. The case will be heard again on February 12, 2013 in the Magistrate’s Court.

See previous story posted December 11, 2012:

Alleged VG 'choker' to be further charged

- Magistrate reluctantly adjourns hearing

ROAD TOWN, Tortola, VI – When Drew Farrell, 29, of Virgin Gorda appeared before the Magistrate’s Court today, December 11, 2012, Senior Crown Counsel Sarah Benjamin related that the prosecution was ready to proceed with the Preliminary Inquiry (PI) in relation to the charges against him but was unable to do so at the time.

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

Ms Benjamin related that there were three witnesses to be called in the matter but instructions from the office of the Director of Public Prosecutions (DPP) was that she not proceed without the additional charge of possession of a firearm being laid against the defendant.

It was alleged that during the incident, Farrell had brandished a weapon in the presence of the VC, who is also the mother of his child. At least two other witnesses were reportedly present at the time.

Senior Magistrate Tamia Richards expressed that she couldn't understand why the additional charge should prevent the matter from proceeding but agreed to adjourn the hearing to a later date after conferring with the defendant’s attorney Patrick Thompson.

The charge of attempting to choke is an indictable one and would have to be dealt with at the High Court upon the completion of the PI. The defendant was previously refused bail after his application was turned down before the High Court.

The matter will be heard again on January 15, 2013 before the Magistrate’s court.