BASSETERRE, St. Kitts - AFTER being tried a second time for allegedly robbing St. Clair Nathanial Gumbs of EC$600, David Payne and a juvenile of New Road, St. Peters were yesterday (Oct. 30) found not guilty by a 12-member jury.
The trial, which began and ended yesterday, saw only two witnesses being called to give evidence on behalf of the prosecution, which included the virtual complainant and the investigating officer.
Gumbs testified that while in his New Road yard on the evening of May 20, 2011, he was attacked by two assailants; one of whom shoved him to the ground.
He said that while wrestling, one of the assailants took some money out of his pocket and the other kicked him in his side.
Stuart Henry, the investigating officer in the matter, told the court that he was the one who responded to the report of the robbery on the said date, but he did not arrested the accused men until July 21, 2011.
When asked, at cross examination, the reason for taking two months to arrest the men, Henry said he was on vacation shortly after the incident took place.
He also revealed that he did not take a statement from the complainant.
After the prosecution rested its case, the young men, represented by Attorney-at-Law Chesley Hamilton, opted not to testify or call witnesses to give evidence on their behalf.
However, the prosecution, in their closing arguments told the jury that the complainant clearly identified the brothers as the men who attacked and stole money from him, noting that Gumbs knew the men for some five years from being in the neighbourhood.
The prosecution also stated that the lighting in the area was bright enough for him to see who had attacked him.
Hamilton stressed on the discrepancy of how much money was actually stolen from Gumbs.
He also questioned the credibility of the investigating officer's testimony.
The jury, after a two-hour deliberation, returned with a 10-2 not guilty verdict for both men.
