In his testimony, Thomas told the court that he had left work in response to Noel’s call and had preceded home. Before he left home, he saw Richards going over the road with a black bag from which a TV was bulging. Another person who carried a plastic bag accompanied him and in it were the Timberland shoes.
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Noel and Thomas, Guyana Nationals whose valuables were stolen by Dwight Richards of Stoney Grove
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“I was a little away from the house. I told them ‘what you have in the bag belongs to me’ I left some mangoes I was holding on the steps and followed them,” Thomas said. He was unable to keep up with them and when he could not find them, he reported the matter to the Police.
Browne in his cross-examination established from Thomas whether he knew Richards’ name and if he did, whether he had given the name when he recorded his statement with the Police. He put it to Thomas that his client had not been in the area.
Browne put it to Noel that he had no idea how the items came to be missing, “All you know is that they were missing.”
The officer investigating the case, Constable Durita Perceival was the officer who took Thomas’s call. She had visited Thomas’s residence and found out that the back door had been broken into and ransacked. She confirmed that the stolen items were missing.
Sergeant Alanzo Carty said he was on patrol on June 23rd, 2007 when he saw Richards walking down a road. Richards was wearing a T-shirt, Jeans and the stolen Timberland. He stopped him and explained he was conducting an investigation.
~~Adz:Left~~Carty arrested Richards on suspicion because he was wearing the stolen shoes. Richards was charged and remanded in Her Majesty’s prison.
Before he was sentenced, Richards told the court that Thomas did not know him, “He aint know me. It is a fabricated story.” He also told the court that Carty had taken shoes off his feet.
In their submissions, Browne said the Police had not recorded the TV serial number, “If for chance those shoes fit him that doesn’t say anything. It is not the only pair of Timberland in the world.”
“If those shoes could fit him (the shoes were in court as an exhibit) there is a slight link between him and the crime but not sufficient…. there has to be something peculiar in an item in existence. This has not been proven.”
Inspector Mitchell insisted that Sergeant Carty had seen Richards wearing the shoes. “This is a circumstantial case. Thomas went home after receiving the call. He saw the defendant with a bag budging with a TV. Soon after the offence was committed, the defendant was in the area. There is circumstantial evidence to prove…”
After the prosecution and the defence had made their submissions, the Magistrate said: “As evidence suggests, it is a circumstantial case. It is undisputed that the house of Thomas and Noel was broken into. A TV and a VCR and a number of other items were stolen, Timberland shoes, US$500, EC$1000 and 1000 guilders.
“Butson called Thomas…on his way home (Thomas) he saw the defendant. On one hand was a bag and he could see the outline of a TV. Another hand had a bag with Timberlands. On the following day, Sergeant Carty saw the defendant. He stopped the defendant. Dwight went to the Police Station; shoes were taken from him and some money. Dwight says he bought the shoes he was wearing from St. Kitts”
“...He is asking the court to believe the Police substituted the size 10 he was wearing and are bringing to court size 8.” There is no direct evidence. Nobody saw them break but soon after Thomas says, ‘I saw defendant was carrying a TV and Timberland in another bag. I am asked to prove whether the Prosecution has proven the case...I am absolutely sure the defendant committed the offence. I find him guilty,” said Magistrate Yasmine Clarke.
Richards was whisked by a Police Officer into the Charlestown Police Station. He will be jailed for three years.
