By ARTESIA DAVIS ~ Guardian Senior Reporter ~ artesia@nasguard.com:
Prosecutors intend to appeal a magistrate's decision to acquit Anglican Archdeacon Ivan Ranfurly Brown of the alleged physical assault of a teenager at a church picnic.
Brown, of Sea Beach Estates, was accused of slapping, pushing and choking the 14-year-old girl on October 13, 2008 during the gathering at Nirvana Beach. In a police interview, Father Brown claimed that he restrained the girl after she slapped him when she was asked to move away from a group of male outsiders and join the rest of the picnic.
Magistrate Ancella Evans-Williams yesterday agreed with submissions by defense lawyer Wayne Munroe that she did not have the jurisdiction to hear the case because there was no valid complaint before the court. This argument was based on the fact that the charge sheet "did not purport to be signed by a peace officer" in compliance with section 58 (3) of the Criminal Procedure Code. Magistrate Evans-Williams followed a previous decision by the Court of Appeal on this issue.
But she added that the prosecution had failed to produce enough evidence to require Brown to present a defense because "the evidence of the prosecution's witnesses was so manifestly discredited as a result of cross-examination."
Brown smiled as Magistrate Evans-Williams told him he was acquitted and discharged. His alleged victim's mother and aunt were also present and showed no visible reaction.
Prosecuting Sergeant Timothy Saunders said he intended to appeal the decision. He has a week to file the appeal. In addition to Munroe, Father Brown was represented by Anthony McKinney.
Thursday, October 15, 2009
