Matthew in the High Court yard in 2011. Photo: VINO

The jury returned a unanimous not guilty verdict on robbery, theft and handling stolen goods.

After the verdict, Justice Rita Olivetti told Matthew that he was a very fortunate man.

Following the robbery of Franklyn Montgomery, who was allegedly brutally attacked on the evening of December 4, 2009 in Baughers Bay and robbed of his two Gucci chains, Matthew was arrested on December 7, 2009 on suspicion of robbery and the following day, December 8 – the chains were found at his home.

Matthew had pleaded not guilty to one count of theft, one count of robbery and one count of handling stolen goods.

Meanwhile, Restack Evans, the other person who was fingered in the robbery pleaded guilty to the theft charge on, Monday February 20, 2012.

However, he pleaded not guilty to robbery. In light of this, the Crown offered no evidence to the robbery charge and he will be sentenced on March 30, 2012. His lawyer, Richard Rowe, asked for Evans’ bail be continued until that date.

According to Montgomery, a resident of St. John, USVI, he had arrived on Tortola on the morning of December 4, 2009 and was staying with friends in Baughers Bay. In recounting his movements leading up to the robbery under examination by Senior Crown Counsel Valston Graham, the VC said he went to Linda’s Bar to have a few drinks and played dominoes around 6 p.m.

Around 9 p.m. when he was heading back to his friends home, Montgomery stated that he was hit above his right eye with an object. “It was bloody,” he added. “And I got attacked from behind.” After a struggle and falling to the ground, the VC told the court about three or four persons began to kick him about the body. However, he could not recognise who was attacking him.

“The assault took a couple of minutes…and when I got up everyone had left,” Montgomery said.

It was then he realised that his two chains worth $2,200 were missing. He then flagged down a taxi who took him to Peebles Hospital.

Montgomery was held overnight for observation and made a report to the Road Town Police Station on December 5, 2009.

Matthew’s lawyer, Herbert McKenzie, had no question for the Crown’s witness.

In his opening statement, Senior Crown Counsel Graham told the court that after the report was made; detectives carried out searches on several residents and found the two chains at Matthew’s residence.

He also urged jurors not to confuse witnesses’ bad memory for lying.