Woman wants to testify via Zoom against ex-boyfriend
The prosecution intends to submit a special measures request in the case of a man accused of sharing intimate videos of his ex-girlfriend on a social media platform without her consent.
Special measures will allow the complainant to give evidence virtually instead of having to physically attend Dorrane Bryan’s upcoming trial.
Bryan, a 30-year-old boat captain of Providence Heights, St James, is charged with malicious communication. He is being represented by attorney-at-law Henry McCurdy.
During the court session last Wednesday, the complainant, who participated in the proceedings through the Zoom virtual platform, informed the presiding judge, Kaysha Grant-Pryce, of her preference to provide testimony via the online platform instead of physically appearing in court.
The complainant’s declaration came following the disclosure by the court clerk that the parties’ initial mediation efforts had not resulted in a mutually agreeable resolution.
“I would still make my request to take [attend] the trial from video, not in person,” the complainant told the court.
“If you were to give evidence via this medium, you will have to be in a secure location, preferably in the presence of police officers, and an application would need to be made for this special measure to be taken. We can only accommodate you as far as the mention dates,” Grant-Pryce told the complainant.
“If you can make those arrangements and satisfy the prosecution, then the application can be made,” Grant-Pryce told the complainant.
The judge went on to explain to the complainant that the application could be rejected or accepted, and that the prosecution must be convinced that she has access to a sterile environment for the evidence to be marshalled from there.
“So the evidence that was presented to the detective needs to be re-presented in court by me?” the complainant inquired.
“Ideally, that is the first position. Witnesses need to be present in court for the trial. Only under exceptional circumstances will you be allowed to testify via the current medium,” Grant-Pryce replied.
Furthermore, it was disclosed in court that the report from the Communication Forensics and Cybercrime Division (CFCD) regarding Bryan’s phone is still outstanding.
Grant-Pryce then informed the complainant that the lab is currently experiencing a backlog, resulting in delays in conducting cyber checks.
“The complainant has indicated that she may not be present in person for the trial. It means the prosecution will make an application to have her give evidence via Zoom. Mr McCurdy, you will indicate to the clerk whether you have any objections once those applications are made,” the judge said in addressing Bryan’s lawyer.
Grant-Pryce subsequently set the matter for mention on September 24, and extended Bryan’s bail to that date.
Bryan allegedly began stalking and threatening the complainant after their previous relationship ended in February of this year.
Between March 4 and March 6, Bryan allegedly shared intimate videos of the two of them on a social media platform. The videos were allegedly recorded without the woman’s permission or knowledge.
The complainant reported the matter to the police and Bryan was taken into custody. He was formally charged on March 24.