Crown drops case against accused SEX OFFENDER after alleged Victim refuses to testify

Wilkie Arthur

Freelance Court Reporter

#TurksandCaicos, September 15, 2023 – Another four-year-old case dropped by the office of the Director of Public Prosecution (ODPP).

ROBINS LUMA, 26 was on Monday 24th July 2023 let go in court for Carnally Knowing an Underage Girl; the case if from 2019.

Tamika Grant, Senior Public Prosecutor filed the Nolle Prosequi (discontinuance) exactly 10 minutes before a 10am start of the Supreme Court in Providenciales.  The matter was listed for commencement of a trial but they had not entered the Nolle Prosequi, once again the trial may not have been able to start as another trial was presently on going in its second week in the same court and before the same judge.

Senior Counsel, Ashwood Forbes was present in court as he represented the now freed accused since the beginning of these proceedings in 2019.

“Fortunately, for this accused,” defense attorney Forbes told Magnetic Media, “he was not remanded to prison but was on bail throughout the four years this case was pending.”

Senior Public Prosecutor Grant told her Ladyship, The Hon Ms. Tanya Lobban Jackson that they tried but cannot get the child’s to cooperate as a virtual complainant; the child no longer wants to testify.  She said since the trial was unable to start on previous dates, the victim was suffering from mental distress and trauma.

Hon Justice Jackson stopped senior Public Prosecutor Grant as she kept calling the “complainant – victim”.  The judge corrected her as that state was not yet determined.

Judge Jackson told the alleged accused sexual offender to please “stand up” as she read and explained to him the Crown is withdrawing the case of Unlawful Carnal Knowledge against you.

She went on to tell him that also in the Nolle Prosequi discontinuance document filed this morning, it said that the Prosecution office is not barred from bringing future criminal proceedings against you for the same offense if the ODPP is so desirous.

The judge said “you’re free to go.”