I will jail you

EXPRESSING outrage at yet another prosecution witness’ refusal to testify, San Fernando High Court Judge Herbert Volney threatened to jail a woman for contempt of court after she refused to give evidence against a man on trial for burglarising her home.

When State prosecutor Wayne Rajbansie told the San Fernando Third Criminal Assizes that the State could no longer proceed with house-breaking and burglary charges against Wayne Anderson, after the victim refused to testify, an angry Justice Volney fumed, “just so...after she went and made the police investigate the matter?” Anderson’s attorney Subhas Panday earlier indicated the defence’s readiness to proceed with the trial. Rajbansie explained that the woman believed the matter was completed in the magistrates’ court.  However, when she realised she was required to give evidence at the High Court in the same matter, she decided not to testify.

The prosecutor said there was little the State could do when victims of crimes refuse to give evidence in the witness box, except that they can be charged with contempt of court. “Well then I’ll send her to jail,” a visibly upset Justice Volney retorted. Yesterday’s case was the third matter set for trial in the San Fernando Criminal Assizes which had to be stopped before the trial could start, after the victims refused to testify against the accused persons. The two other instances occurred last month before Justice Melville Baird, when in separate cases, two men were discharged of incest after their alleged victims indicated to the court that they no longer wanted to proceed (testify) with the matters.

Justice Baird subsequently appealed to relatives of such victims to support them, to come before a judge and jury in the High Court to testify.  Referring to the case in which the woman refused to testify against the man for burglarising her home, Justice Volney said it was in the public’s interest that the matter went to trial, since a prima facie case was already made out against the accused (Wayne Anderson). “The State can’t tolerate that kind of behaviour. If he walks free, he can go and burglarise your home or my home tomorrow. A victim can’t just say she does not want this matter go to trial,” Justice Volney stated.  Justice Volney subsequently transferred the burglary matter before another judge in the Third Criminal Assizes.