An application by attorney at law Dawn Yearwood Stewart asking the court to stay a gun and ammunition trafficking matter against US national Kevin Patrick Etienne has been denied by Chief Magistrate Candia Carette George.
Etienne was arrested along with Reneker Blanc of Coulibistrie on September 30, 2022, at the Woodbridge Bay Port in Fond Cole for trafficking 406 rounds of 9mm ammunition and 20 9mm pistols.
The defense argued that investigating officer acting sergeant Alleyne Maximea made a promise to the lawyer of Etienne Wayne Norde, that if his client gave an accused statement, he would be tried summarily in the magistrate’s court.
Those accusations were strenuously denied by the prosecution who brought investigating officer Alleyne Maximea and Assistant Commissioner of Police (ACP) Davidson Valarie to testify on their behalf.
According to Maximea, on October 3, 2022, in the presence of his lawyer (Norde) he informed Etienne it was his intention to conduct a written interview with him and prior to that interview his lawyer (Norde) informed him that his client was desirous of taking a certain course of action if the matter is tried “summarily.”
“I informed him that I don’t have the final say as to where matters of this nature are heard and at that point, I asked him if he was in communication with the Director of Public Prosecutions (DPP) and he said yes,” Maximea told the court.
The accused statement he told the court written by Etienne in the presence of his attorney, witnessed by a civilian. “He was not beaten, threatened or promised anything,” he told the court.
He said that after a zoom meeting with the DPP, customs and the higher officials of the Police Force he was advised that the charge of “trafficking” should be instituted.
“It was after that I met the accused in Police Cells and served him with two copies of his charges along with Reneker Blanc and formerly cautioned them. That was the only time that I had direct discussions with both accused,” Maximea stated.
Under cross-examination, he denied suggestions put to him that he told Norde, “We good” and had agreed to charge Etienne summarily and drop the charges against his co-accused.
ACP Valaire said he is responsible for crime and operations he also spoke about his role in such matters and he said that it was after the conference meeting that the decision was taken to charge for “trafficking”.
In her summary to the court, Yearwood-Stewart asked the court to conclude that there were some discussions between Norde and the investigating officer Maximea and ACP Valarie on the charges and that is the only reason why Norde allowed his client to give the accused statement.
“We are asking the court the stop the prosecution of this matter because of an abuse of the process,” she told the court.
But in his rebuttal, Inspector Cadette said that Maximea at no time made any offers to the accused and he voluntarily wrote his accused statement. “There are guidelines set as to how an investigating is to be conducted and Maximea followed it,” he told the court.
In handing down her decision, Chief Magistrate Carette-George said that the burden of proof is on the defense to prove its case of “abuse of the process” and a breach of promise does not atomically mean “abuse of the process.”
“The accused always knew that firearms and ammunition-related charges were to be brought against him, he admitted that he was not beaten, or forced to give the statement and his attorney was present, he is not a minor, he wrote his statement and there was no manipulation of the process…no carrot was dangled in his face,” she stated.
She ruled that she was satisfied that proper procedures were followed in the investigations. “The court has a responsibility, and it would be an affront to justice to stay the matter, your application is therefore denied,” she said.
Etienne was remanded to the Stock Farm prison and will return to court on Monday, October 10, 2022, where a bail application will be made by his lawyer on his behalf.
Meantime, his co-accused Reneker Blanc was granted bail in the sum of $100,000.00 with her father and brother as sureties. The prosecution had objected to bail, but the Magistrate stated that she is satisfied that she is “not a flight risk has a good community and family ties, and is of good character.
As part of her bail conditions, she was required to surrender her travel documents, report every Wednesday to the Coulibistrie Police Station, not re-offend while on bail, and must seek the court’s permission within 72 hours if she desires to change her address. She is represented by Cara Shillingford Marsh who also did her bail application.
The matter has been adjourned to February 24, 2023.
Is this not the woman who engaged with this man while he was still married I hear the wife was pregnant and they had affair how is she good woman
Dumbnicans like to say what want for true. He has never been married. This is how rumours spread. Stop it.
What they want*
Plus no woman is pregnant for this young man. Where you making up your stories from?
This was a distasteful picture over someone casket. You all in Dominica just have to respect at all. On another note an innocent woman does not commit adulterous act. And the parents are fake prophets as they were happily accepting monetary funds from the accused Etienne.
Dis woman y nobody talk about her role in destroying somone marriage i hear he just recently divorce his wife but they two were already engaged to be married. What kind of woman deals with a married man my friend tell me the wife was PREGNANT with twins that woman not innocent.
Based on this reporting it appears that the police is the ones who did wrong and not blanc and etienne.. two much a foolish process in bringing such offenders of this calibre to justice… mayb crime shud strike the lawyers home… they are not the ones suffering from this increase in gun violence.. all they see is the bobs when such happens
You need to do some proofreading/editing. There are a number of spelling errors, missing punctuation marks, and wrong acronyms (ASP).