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Teacher's wounding charges dismissed after 30 years
TK Whyte
Thursday, January 17, 2008

SPANISH TOWN, St Catherine - A basic school teacher who was charged for unlawful wounding 30 years ago had the charges dismissed when she appeared in the Spanish Town Criminal court Tuesday.

Beverley Dias, 54, of Portmore, St Catherine was stupefied when she heard the judgment handed down by senior St Catherine resident magistrate Lorna Errar. "You may go, ma'am," the magistrate said softly.

Defence attorney Leon Palmer told the court that after nearly 31 years of mental suffering with a criminal charge hanging over her head, his client needed to be clear of the charge of wounding as she was unable to complete certain documentation as the charge was still pending.

Palmer told the court that in 1977, his client and her late husband Dennis Dias, a former postman, were charged jointly for wounding their tenant. When the matter came before the court, her husband pleaded guilty and the case against him was admonished and discharged.

But Palmer submitted that Dias was not properly discharged by the court although a "No order" ruling was made in her favour, as that the ruling was not recorded in the resident magistrate's court record.

Therefore, police records continue to reflect that the criminal charge against his client was still outstanding. He pointed out that even after 30 years she still feared that the police would attempt to take her into custody as the matter was still outstanding on the record books.

This was the reason, he pleaded, that she had applied for the case to be re-listed so that the charges would be legally dismissed.

Errar, after hearing the submissions, ruled that the court files were destroyed- in 1977 a fire destroyed the Spanish Town courthouse including the entire court records - and dismissed the case.


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