Nigerian national, Esther James, 30, will return to the Magistrate's Court on February 8, 2013 to hear whether the Crown will proceed with the charges against her. Photo:VINO/File

James, 30, is accused of causing damage to the property of her former boyfriend. She allegedly threw a mobile phone and soaked both his tv and laptop with water after the two reportedly had a falling out.

Senior Crown Counsel Sarah Benjamin related that new information had just been revealed to the prosecution which indicated that the Virtual Complainant (VC) was no longer interested in pursuing the matter.

Ms Benjamin suggested that the reason for this may be because the VC has allegedly since received full compensation from the defendant and intended to leave the Territory permanently.

She further noted that the office of the Director of Public Prosecutions (DPP) will need to make a decision on how to go forward with the matter and would therefore need an adjournment date to relate this decision to the court.

The matter will be heard again on February 8, 2013.

See previous story posted December 14, 2012:

Nigerian national accused of tossing cellphone; soaking laptop & TV 

- Lawyer alleges charges are an attempt by VC to 'get back' for client ending relationship

The items reportedly belonged to the VC, who the defendant allegedly shared a relationship with.

The prosecution’s case, brought by Principal Crown Counsel, Tiffany Scatliffe, was that James was involved in a relationship with the Virtual Complainant (VC) for the past few months and on October 15, 2012, the VC made a report to the West End Police Station following an alleged dispute with the defendant.

The VC allegedly requested assistance and spoke with two officers who went to the home of the VC’s home and met with the accused and two others in the presence of the accused. The VC was asked to repeat his complaint and one of the officers then cautioned the accused and asked about the complaint which was allegedly not denied at the time. The accused allegedly threw a mobile phone during the dispute and was asked by the officers to leave the residence at the request of the VC. 

The VC returned to the Police station shortly afterwards to inform the officers that a laptop and television in his home were soaked with water and explained to the police that the items were not like that when he went to work earlier that day, the prosecutor continued.

As a result of investigations, the accused was met by an officer on November 15, 2012 at her place of work, cautioned and the allegations were related which she subsequently denied involvement in. The accused was taken to the Road Town Police Station where an interview was conducted and later cautioned, charged and placed before the court. 

The Crown offered no objection to bail but indicated that conditions, such as no contact with the VC or anyone related to the case, be stipulated. In addition to this, a request was made for the defendant’s travel documents and for there to be at least two sureties attached to any bail that was granted.

The defendant’s lawyer, Hugh Wildman, said his client strenuously denied the allegations and knows absolutely nothing about the events that she was being accused of. He added that being a student with a bright career ahead, he was requesting that there be no strict conditions imposed on the defendant. He further noted that she was not a flight risk and was ready and willing to defend the allegations against her.

Mr Wildman said that the charges were frivolous and vexatious at best and were an attempt to get back at the defendant because she decided to end the relationship between herself and the VC. He also contended that there should be no disturbance in the present circumstances of the defendant and expressed that even though it was not possible; the defence was willing to have the matter heard on the day of the arraignment. 

The matter of court bail was being discussed when proceedings came to an abrupt halt following a disagreement between Senior Magistrate Tamia Richards and Principal Crown Counsel Tiffany Scatliffe. The defendant was previously on police bail.