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Aug 24, 2014 News
– Defence attorney says witness being “mischievous”
Now that the case of the Congress Place shooting has been dismissed, the chief witness, Aliashaw Barker is claiming that she did not know when she had to attend court.
The matter was on August 14, last thrown out of court due to Barker’s failure to turn up for the trial.
The Lindener claimed that she was unaware that she had to return to court since based on what occurred at the first hearing before Chief Magistrate Priya Sewnarine-Beharry on July 31, she was under the impression that the matter was over.
Barker, who is disappointed with the fact that the case has been dismissed, was represented by Attorney-at-Law, Llewellyn John.
The defendant in the matter was Linden Primo. The 54-year-old who was identified as the person who discharged a round during elections at the Party’s Biennial Congress, was accused of using threatening behaviour towards Barker on July 27, last at Congress Place, Sophia.
According to information reaching Kaieteur News, around 13:30 hours on July 27, there was a ruckus at the entrance to Congress Place and Barker pulled out her phone to video tape the incident.
It was explained that Primo who noticed her doing so, pulled out his gun and pointed it to her face. The crowd reportedly lunged forward at the same time causing Barker to fall.
Primo reportedly discharged one shot which hit the door at the entrance of Congress Place. The matter was reported and subsequent investigations led to Primo being arrested and charged.
The Chief Magistrate sent the case to Magistrate Geeta Chandan-Edmond for trial on August 4.
But Barker was a no-show throughout the trial. Prosecutor Jomo Nichols had informed that apart from several phone calls, he even prepared summons which were served on Barker, none to which she responded.
However, media operatives made contact with Barker and she claimed that she “was never called to appear in court.” She said too that when the matter was first called, she did not quite understand what had transpired and thought that it was over.
She claimed that the manner in which the matter was dealt with seems to be a “calculated move.” Barker disclosed that leading up to the case she was warned to not follow through with the matter.
“But I was still prepared to go to court because I say if I have to dead let me dead but I am telling you no one called me, that is the truth,” she told reporters.
However, the defendant’s lawyer, Patrice Henry stated that from newspaper reports it is clear that Barker was notified by police of the date and time to attend court. Henry expressed that if some “confusion” existed, Barker could have cleared it up by simply asking her attorney.
He said, “When she first appeared in court, she was in the company of her attorney and the Chief Magistrate after reading the charge to the defendant, addressed both parties. At the end of it, we were all told that the matter is being transferred and will be called again on August 4. In fact, Barker was asked if she wants to proceed with the matter and she told the Chief Magistrate that she is prepared to go to through with it.”
Henry stated that though Barker was told to return four days later, she never appeared and the Prosecution was granted several adjournments to secure her presence. During that time, two police witnesses had testified.
“What I find troubling are the comments made by the complainant that after attending court the first day, she was confused although she told the court that she is going to go through with the matter. She told the media that she thought the matter had concluded without providing the reasons that gave rise to that conclusion? She had the benefit of asking the court, her lawyer or even the police who informed her when the matter was first being called, to provide clarification if she was confused.”
“So her motive was clear and that was to create mischief and bring the integrity of the Judiciary into disrepute. If you claim that you are going to go through with this matter even if it means your life, then if you were confused why didn’t you just ask questions?” the lawyer concluded.
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