Double murder, law reform case moved to High Court
The cases against a St James man accused of double murder and lottery fraud were transferred to the St James Circuit Court for trial last Wednesday.
Timoy Spence, 25, otherwise called “Jeffery” or “Shotty”, a labourer of Irwin in St James, appeared before presiding judge Sasha-Marie Smith-Ashley.
He is charged with the 2017 murders of 44-year-old Andrew Walters, otherwise called “Dudu”, a carpenter, and 64-year-old Donavan Johnson, a farmer, both of Tucker in St James.
Spence is also charged with violating the Law Reform (Fraudulent Transactions) (Special Provisions) Act after his cellular phone was found to contain phone numbers of persons residing overseas.
During a bail application on Wednesday, Smith’s lawyer, Dalton Reid, argued that there are no eye witnesses and that there was an issue with credibility.
“The person who gave the statement was in custody, and he gave the police a statement saying Mr Spence confessed to the murder,” Reid said, requesting that his client be granted bail on medical grounds.
Reid also took issue with the allegations in the Law Reform case.
The attorney claimed that the phone numbers in Smith’s phone belonged to relatives residing overseas who were assisting him with medical issues and other matters based on his instructions.
Having listened to the attorney, Smith-Ashley stated that a prima facie case has been established in the double murder case.
“Mr Spence, as it relates to the double murder matter, a prima facie case has been established. This means that the matter will be tried by a jury and a judge or a judge alone…You also have matters under the Law Reform (Fraudulent Transactions) Act, commonly called the Lotto Scam Act, and even though the matters are not yet ready, and you already have matters in the Circuit Court, those matters will be joined with the Circuit Court matters,” Smith-Ashley said.
She also stated that, after considering the circumstances of all the cases and the strength of the case against Smith, particularly the double murder matter, she does not believe he is a suitable candidate for bail.
She subsequently remanded him in custody until September 28.
According to police reports, on October 31, 2017, Walters was at home when he was pounced upon by armed men who shot him. The men then proceeded along the road, where they saw and shot at Johnson who was on the roadside. The gunmen escaped in the community.
Walters and Johnson succumbed to their injuries at hospital.
Spence was taken into custody on May 19, 2023, during a police-led operation, and a witness statement was recorded on May 20, 2023, police said.
Details of the Law Reform case were not outlined.
Man fined $8,000 for selling weed and beads
A St James man who was caught selling ganja and beads in a prescribed area was ordered to pay the Government $8,000 in fines following his appearance in the St James Parish Court last Wednesday.
Theophilus Scharschmidt stood confidently before presiding judge Sasha-Marie Smith-Ashley, ready to face the charges brought against him.
He was charged with possession and dealing in ganja, as well as offering goods for sale without a Jamaica Tourist Board licence.
According to court documents, Scharschmidt was seen on Kent Avenue approaching people and saying, “Jamaican beads and weed for sale.”
The officer approached him, a search was conducted, and two plastic containers he was holding were found to contain ganja. A brown bag he also had was found to contain five other transparent sections with the weed.
The total weight of the contraband was 2.5 ounces.
When given the opportunity to speak, Scharschmidt stated that the ganja was solely for personal use and that he was not involved in any drug trade or selling activities. He clarified that his conversation with the guest was unrelated to the sale of beads or ganja, further emphasising his innocence in any illicit activities.
“Do you want the case tried, or do you want to pay the fines?” presiding judge Sasha-Smith-Ashley then asked the accused man.
“I will pay the fines,” the accused man replied.
In passing sentence, the judge ordered him to pay a fine of $1,000 or 10 days for possession of ganja and $2,000 or 10 days on the dealing charge.
He was additionally fined $5,000 or 10 days for offering the beads for sale.
New trial date set for man caught with card machine
The trial of a Kingston resident who was allegedly found in possession, unlawfully, of a card machine on a hotel property, failed to begin in the St James Parish Court last Wednesday, and a new trial date was set.
The man, Demitri Ffrench, is charged with unlawful possession of property and criminal trespassing.
Ffrench was scheduled to stand trial on Thursday before presiding judge Sasha-Marie Smith-Ashley, but it is unclear why the case did not proceed. He is represented by attorney-at-law Chumu Paris.
A new hearing date was then set for November 2, and Ffrench was remanded in police custody. No one had come forward to bail him. On July 14 his bail was set at $200,000.
According to the prosecution, on June 28, security personnel at a hotel in Rose Hall, St James, reportedly spotted Ffrench on the property and called the police after discovering he was not a guest there.
A black knapsack that Ffrench had in his possession was reportedly found to contain a card machine he couldn’t properly account for. He was subsequently charged.
Incomplete file delays bar manager’s murder case
An incomplete case file has slowed legal proceedings against Jemoy Hinds, who is accused of fatally stabbing a bar manager at his residence in St James earlier this month during a dispute.
The disclosure was made when the case was mentioned in the St James Parish Court before presiding parish judge Sasha-Marie Smith-Ashley last Wednesday.
The court heard that a number of documents, including the post-mortem report, forensic report, a statement from a justice of the peace and a medical for the accused, were still outstanding.
The absence of those crucial documents might leave a significant gap in the evidence presented to the court, potentially affecting the overall strength of the case.
The case was adjourned to August 23 and Hinds was remanded in police custody.
Hinds is charged with the murder of 43-year-old Lincoln Green, a hotel bar manager of Claude Clarke Avenue in Montego Bay.
According to police reports, on August 9 about 6:30 pm, residents saw the suspect allegedly stabbing a man and alerted the police.
The police team responded and accosted the suspect as he tried to leave the home of the victim
Green was found lying on his veranda in blood with multiple stab wounds to his upper body.
He was taken to the hospital where he was pronounced dead.