Late filing — jail sentence continues

A CHAMP FLEURS  man was yesterday informed by High Court Judge Rolston Nelson that his appeal had to be struck out, since it was filed after the expiry of the seven-day deadline. The Judge made the ruling after State attorney Joan Charles pointed out that the notice of appeal was submitted 13 days after the sentence was handed down, which meant that it was filed after the expiration of the seven-day period. As a result, Dion Charles of 5th Drive, Champ Fleurs, Mt Dor would serve the four-year sentence handed down on him by Magistrate Reynold Waldropt in the Port-of-Spain Fifth Magistrates’ Court on September 15, 1999. Charles appeared before Magistrate Waldropt charged with robbing Shivanand Bhola at knife point of two gold chains valued $4,500 and $20 in cash. The matter came before Justice Nelson and Justice Margot Warner in the Magisterial Appeals in the Port-of-Spain Court of Appeal yesterday.

The facts presented at the Magistrates’ Court in 1999, were that on a Sunday in November, 1998, Bhola, of Las Lomas #2, was travelling along the bus route from Tunapuna to Port-of-Spain. Charles entered the maxi taxi in Curepe, and sat down at the back of the maxi. A short while later he came and sat behind Bhola in the middle of the maxi,  pulled out a knife about 6-8 inches long and struck it into the right side of Bhola’s stomach. He told Bhola to “pass something small,” and Bhola handed him $20, however he demanded that Bhola hand over “something more.” Bhola told him that he did not have anything else; he then pressed the bell for the maxi to stop, snatched Bhola’s chains and attempted to escape. However Bhola shouted for help and Defence Force Lance Cpl William Taitt, who was sitting in the second seat of the maxi held Charles. A fight broke out between Charles, Bhola and Taitt, and Charles was eventually subdued.

By this time the three men were on the ground of the maxi taxi and Charles threw the knife out the maxi’s window. The chains, which were in Charles’ pocket, fell  when he tried to get up and Bhola picked them up. The maxi driver then drove to Traffic Branch, where WPC Suzette Martin retrieved the stolen money from Charles’ pocket and charged him with the offence. In defence Charles claimed that on the day of the incident he was in the Tunapuna market selling garments and had $225 in his possession. He stopped a maxi to go to POS and paid as he entered. He proceeded to the back of the maxi, in which there were 8 passengers. He told the court that he had seen Bhola in the maxi and that they had gotten into a scuffle. However he denied that he robbed anyone or taking anything from anyone. He also denied that he pressed a knife into Bhola’s stomach or told him to “pass something.”