A woman accused of pepper spraying her neighbour during a disagreement over a fire being lit was brought before the St James Parish Court last Wednesday.

Aliyah Myrie appeared before presiding judge Natiesha Fairclough-Hylton and was charged with assault occasioning bodily harm.

According to court documents, on March 27 in Lilliput, St James, an argument developed between Myrie and the complainant. Both women are neighbours.

During the altercation Myrie discharged pepper spray into the complainant’s face, resulting in a burning sensation and the skin turning red.

A report was filed with the police and charges were brought against Myrie.

During Wednesday’s hearing, Myrie’s lawyer, Martyn Thomas, stated that his client takes issue with the allegations levelled against her.

“Your Honour, she had lit a fire outside her gate, which caused the complainant and her husband to come across to her yard and speak to her about it. She had her baby in her hand, and while she was speaking, an argument ensued. She was attacked with stones and a machete, and she used her pepper spray to spray the complainant in her face,” Thomas explained.

“She immediately went to the Barrett Town Police Station to make a report. They did not take the report from her. They advised her to go to the court’s office and seek civil redress,” Thomas added, noting that his client had gone to Barrett Town Police Station twice and the report was still not taken.

Thomas went on to say that he hopes the police take his client’s report, especially given the details revealed in court about the assault on his client. The attorney also stated that if mediation does not produce a resolution, his client is prepared to go to trial.

Following discussions, the judge instructed Myrie to go to Barrett Town Police Station and file a detailed report. Additionally, she gave the Crown a three-week deadline to prepare and present their cross-case in court.

The matter was then scheduled for mention on May 15, when the cross-case is expected to be ready.

Myrie’s bail was extended until that date.

Affair of the heart ‘misunderstanding’ settled

The case of a St James man accused of assaulting his ex-girlfriend was settled amicably through mediation at the St James Parish Court last Wednesday, with the accused man apologising to the complainant in open court.

The defendant, Andrew Whittingham, was facing a charge of assault occasioning bodily harm.

During the sitting, presiding judge Natiesha Fairclough-Hylton asked the complainant if she wanted to try alternative dispute resolution, but she declined, stating that she wants the case to go to trial.

The judge then asked Whittingham if he was guilty of the offence, to which he replied “No”.

However, the complainant eventually agreed to participate in mediation talks with a probation officer in court, and the case was temporarily adjourned to facilitate this process.

“If you were tried and found guilty, I could send you to prison for up to three years,” the judge told Whittingham after the case was revisited.

“You might think that this is not as serious an offence as others because it involves an altercation between you and your ex-partner, but this is a very serious matter. Even if I tried the case and found you guilty, and even if I did not sentence you to prison, you would have a criminal conviction,” Fairclough-Hylton told Whittingham.

The judge went on to remind the defendant that he is a businessman, emphasising the importance of him being aware of how a criminal conviction could harm his professional reputation.

To formally remove the case from the list, the clerk of the court pleaded the defendant, who entered a plea of not guilty.

The defendant then publicly apologised to the complainant, who accepted his apology.

As a result of the mediation agreement, the prosecution offered no evidence against Whittingham.

“I understand that this is a matter concerning affairs of the heart, but the end of one relationship does not prevent you from having another that might be better than this one,” the judge told Whittingham before discharging him.

According to court records, on March 15 on Harbour Street in Montego Bay, St James, the complainant was delivering packages for her business when Whittingham approached her and grabbed her throat.

When she attempted to call the police, he grabbed and squeezed her wrist, causing pain and bruising.

A police report was filed, and when cautioned, Whittingham reportedly stated, “Officer, it’s just a misunderstanding; I never meant to do her anything.”