By Ronalda Luke
A popular bouyon artist in Dominica will not stand trial on a charge of Rape as the Director of Public Prosecutions (DPP), Sherma Dalrymple has filed a notice of discontinuance in the case.
The defendant was accused of drugging and raping a female above the age of 18 on February 13, 2021. He pleaded not guilty at his arraignment and the matter was set for trial.
However, when the case returned to Court today, May 13, 2024, Dalrymple informed the Court of her decision under Section 72 subsection 2 (c) of the Constitution of the Commonwealth of Dominica.
While not mandated to justify the discontinuance, the DPP explained that her decision was based on a comprehensive review of the evidence in the case. She informed His Lordship, Justice Colin Williams that the deposition at this stage did not disclose sufficient evidence to support the charge as a result of certain orders made by the Court in the matter.
Earlier at case management, the Court had deemed several of the prosecution’s evidence as inadmissible.
In response to the notice of discontinuance, Attorney-at-Law, Lennox Lawrence who represented the accused, along with Jodie Luke, and Wayne Norde, deemed the DPP’s decision “wise.”
By Section 38 of Dominica’s Sexual Offences Act of 1998, Nature Isle News is prohibited from publishing the name of the accused, as the law stipulates that only upon conviction by the High Court can the name of an individual charged with a sex-related offense be published.
Meanwhile, the State has also discontinued the case against Vincia Marlyn St.Rose who was accused of unlawfully and maliciously wounding Erickson Sampson with intent to cause Sampson Grievous Bodily Harm (GBH) on September 7, 2019, at St. Joseph.
On the aforementioned date, it’s alleged that St. Rose severed Sampon’s arm. She pleaded not guilty to the High Court offense and was remanded into custody.
However, on May 10, 2024, when the matter came for hearing, State Attorney Marie-Louise Pierre-Louis informed the Court of a notice of discontinuance filed by the DPP on May 9, 2024.
St. Rose was represented by attorney-at-law Peter Alleyne from the Legal Aid Clinic.