Passport scam matter could be retried
By Zaya Williams
Yesterday might have been a success for suspended Superintendent of Police Ray John and his former partner Shakema Charles but the next few months may not be so positive.
The two were freed from all of the criminal charges against them but they may have to go through the entire trial process again.
Justice Tunde Backre dismissed the charges today having held that the law does not allow for conspiracy to be tried by judge alone.
John and Charles were facing charges related to allegedly conspiring with Vincentian resident Lonzel Jones to create fake passport bio pages using unauthorized Multi-Layered Infilling Sheets.
Charles, formerly employed at the Antigua and Barbuda Passport Office, was also accused of collaborating with John, who is also accused of receiving 16 infilling sheets.
Over the past weeks, the prosecution presented witness statements, text messages, and testimonies indicating that John contacted Jones to create fake passport bio pages for individuals seeking to purchase land.
John, with assistance from Charles, allegedly sent the necessary documents to Jones through a friend, Lisborn Michael, from the Royal Police Force of Antigua and Barbuda.
However, police intercepted Jones and John’s nephew, Geraldo James, during a transaction involving the final documents.
The defendents maintained that are innocent and therefore made two attempts to have the case dismissed.
Their no case submission failed because the judge believe that they had to answer to the charges.
But the second application was a success.
Defense attorneys Hugh Marshall and Michael Archibald argued that the Trial by Judge alone Act does not give the judge permission to hear two of the charges by himself, without consent from the defense.
The prosecution believed that conspiracy to forge though not explicitly mentioned in the law could be interpreted to be part of forgery.
The Judge decided to take the law literally and dropped the charges.
The prosecution however, plans to bring the duo back before the court to be tried all over again later this year.
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Public March 6, 2024, 10:37 PM