Lawyer questions why client charged twice for same incident
MONTEGO BAY, St James — The lawyer representing a St James man accused of murder has questioned why his client is facing separate charges in two courts, arising from what appeared to be the same incident.
Attorney Jermaine Campbell raised the issue during last Wednesday’s appearance in the St James Parish Court by Fitzroy Scarlett, who is facing a murder charge in connection with the fatal shooting of 27-year-old labourer Chinoy “Box Head” Stephens.
When Scarlett appeared before senior parish judge Natiesha Fairclough-Hylton, Campbell challenged the circumstances surrounding a separate firearm charge against his client in the Western Regional Gun Court.
Referring to the preliminary report, Campbell said it appeared that both charges stemmed from one incident and questioned why they had not been dealt with as a single matter.
However, the judge explained that, according to the allegations, Scarlett committed the murder before walking away and subsequently entering a motor vehicle. Police later stopped the vehicle, observed him making certain movements and found a firearm.
“Though it is a continuing matter, they are two separate charges,” Fairclough-Hylton said.
The judge also pointed to a witness statement outlining what the individual had reportedly observed.
In response, Campbell — who requested bail for his client — submitted that, given the circumstances under which the matter arose, the two charges should have been treated as one and the same matter.
“Regarding the murder and possession of firearm, he has been indicted for the same circumstances,” the defence attorney told the court, adding that he was simply trying to understand the logic behind the arrangement.
Fairclough-Hylton indicated, however, that his decision regarding bail had to take into consideration circumstances surrounding the other court matter.
“What I am aware of is that, in that other matter in another jurisdiction, he is remanded in custody,” the judge said, noting that Scarlett is due back before that court on December 3.
“Even if I were to give him bail here, he will be sitting there until the 3rd of December,” she added before remanding Scarlett until that date.
The court was also told that the post-mortem report, ballistics certificate and DNA report in the murder case remain outstanding.
According to details outlined in court, Stephens, who lived at Phoenix Road in Maroon Town, was shot by unknown attackers at approximately 6:10 pm on June 3.
Following investigations, Scarlett was sought by the police in connection with the killing and later surrendered.
