A St James parish judge ruled on Wednesday that businesswoman Jamelia Stoddart, who reportedly got into a fight with her landlady that left both women injured, will have a case to answer.

Judge Sasha-Marie Smith-Ashley announced the verdict after hearing sworn testimony from Krystal Lincoln, who had rented shop space to Stoddart and is involved in a cross-case with her.

Stoddart is charged with unlawful wounding, while Lincoln faces charges of assault occasioning bodily harm, simple larceny, assault at common law, and malicious destruction of property.

During her testimony, Lincoln stated that on the day in question, she went to Stoddart’s shop and enquired about her rent, at which point Stoddart began arguing that she should leave her shop. She said that due to not receiving her money, she removed the keys from the door in frustration. Stoddart shoved her and hit her all over her body with a piece of metal, Lincoln said, adding that she departed with the keys afterwards.

During cross-examination by Stoddart’s lawyer, Michael Hemmings, Lincoln was asked whether she had spoken to his client before visiting the store and if she was aware that Stoddart’s shop had been burglarised and monies stolen the previous night. Lincoln replied “Yes.”

“Didn’t you send a text message to say, if you think you’re comfortable, you have to go look out of your eye?” Hemmings then asked Lincoln, to which she replied “Yes.”

Lincoln was also asked if she had gone to the shop with an ice pick and she replied, “No”

Hemmings asked Lincoln, who had been a landlord for almost 13 years, if she was aware of the legal process of evicting tenants, and she replied, “Yes.”

During a no-case submission, Hemmings cited Lincoln’s testimony, in which she stated that after she threatened Stoddart she left her home and visited the shop in anger, entering the shop without permission and attempted to remove the keys without permission because she had not received her money.

“It is the evidence that she went there in anger to collect her rent, and it is my submission that she went there to use any force necessary to ensure that the rent that she alleges is owed to her is paid to her…Though she denied it, on my instructions, she went there armed with an ice pick to attack Miss Stoddart,” Hemmings said.

Hemmings went on to explain that his client touched Lincoln’s hand in an attempt to recover her keys, and Lincoln drew an ice pick, forcing Stoddart to defend herself before fleeing to seek refuge in a nearby shop.

Hemming concluded his arguments by stating that the Crown cannot rule out self-defence and that his client should not be called to answer.

In response to the no-case submission, the clerk of the court said that there was a case to answer because the offence has been properly made out and that it was a matter of credibility. The clerk also said that self-defence is based on proportionality and the injuries suffered by the complainant are not proportional to the threats alleged on the defence case.

Judge-Smith-Ashley, having listened to both sides, ruled that there was a case to answer and set the matter for continuation on June 6.

Both women’s bails were extended.

Allegations before the court are that on February 20 about 1:25 pm, Lincoln confronted Stoddart at her shop about unpaid rent. Stoddart told her to leave. Lincoln then took Stoddart’s shop keys and damaged a light bulb, leading to an alleged attack from Stoddart who wounded her with a metal object. Lincoln, who was reportedly pregnant, suffered a miscarriage.

Mediation for man who damaged man’s ear drum

A St James man is expected to undergo mediation sessions after being accused of hitting another man in the eye and damaging his eardrum during a fight in downtown Montego Bay.

Ricardo Barrett, who is charged with assault occasioning actual bodily harm, was given the mediation order following his appearance in the St James Parish Court on Wednesday before presiding Judge Sasha-Marie Smith-Ashley.

His bail has been extended until July 19, when the case returns to court.

According to the prosecution’s case file, on May 11, at 4:15 pm Barrett and another man confronted and attacked the complainant on St James Street in Montego Bay. The complainant sustained damage to his eye and a ruptured eardrum as a result of the assault.

A report was made to the police, following which Barrett was taken into custody and charged. The second assailant involved in the incident remains at large.

During Wednesday’s court proceedings, Judge Smith-Ashley briefly adjourned the case to allow Barrett and the complainant to engage in mediation aimed at resolving their issues.

After the mediation session, the court was informed that a request had been made for another mediation date as the complainant is expected to undergo a medical examination in June.

“I will put July 19 as the date for further mediation to continue, pending the receipt of the complainant’s medical report,” Smith-Ashley said, before extending Barrett’s bail to that date.

Mediation for man accused of receiving $1.2m in unauthorised transfers

Jowayne Gardner, who is accused of unlawfully obtaining more than $1.2 million from a customer’s bank account, has been directed to pursue mediation as a means of resolving the case.

Gardner, who is represented by attorney Suwayne Phillips, was given the mediation order following a brief appearance before presiding Judge Sasha-Marie Smith-Ashley in the St James Parish Court on Wednesday.

During the hearing, the option of employing mediation was raised, and it was also noted that the court had yet to receive the bank’s statement.

Subsequently, Smith-Ashley proceeded to issue the order for mediation and extended Gardner’s bail to July 19.

According to court documents, the complainant discovered a lower amount in his Bank of Nova Scotia (BNS) business account at the Santa Cruz branch while making a deposit in November 2022.

Investigations revealed multiple transfers that the complainant was unaware of, involving unfamiliar names, including the accused. The transactions were likewise unknown to the joint account holder.

Several people, including a friend of the accused, were later identified as persons of interest. The friend is suspected of being the main recipient of transfers.

When questioned, Gardner claimed the money was for forex trading, but couldn’t account for the funds his friend had transferred to his account.

A total of $1, 245,483.61 is alleged to have been deposited into Gardner’s account.

To date, his friend has not been located.