Maroc - NEWSDAY.CO.TT - A la Une - 14/Jan 20:19

Prosecution fails to file indictment in Arima kidnapping, shooting case

TWO men charged in connection with a July 2023 attempted kidnapping and shooting in Arima were discharged by the High Court after the prosecution again failed to meet court-ordered deadlines. Dwight Yorke (not the footballer) and Shaquille Sandy appeared before Master Whitney Franklin on January 14, for a non-compliance hearing relating to serious charges arising from events on July 14, 2023, at the corner of Martinez Street and Arima Old Road. Yorke was represented by attorneys Keron Ramkhalwhan and Anwar Hosein, while Sandy was represented by Shaun Fulchan. The state was represented by prosecutor Ian Caldeira. At the hearing, Master Franklin questioned the prosecution over its failure to file and serve an indictment by the January 9 deadline. Caldeira explained that he had recently taken over the case after the previous prosecutor was transferred and admitted he was not fully briefed. When asked whether an indictment had been filed, he conceded that it had not. The master noted that the prosecution had already been granted multiple extensions, dating back to July 2025, to file the indictment and submit outstanding witness statements. She reminded of a prior order explicitly warning that no further extensions would be granted due to the prosecution’s “blatant and unwanted disregard” for court directions. “I have already noted your indication that you are not the regular prosecutor and you are not apprised of the information. However, that does not absolve you of responsibility in this matter — the state is one indivisible whole, and the facts are what they are,” Master Franklin said. Attorneys Fulchan and Ramkhalwhan argued that, given the lack of compliance, the court should not extend time further. Ramkhalwhan argued that the allegations against the men were serious and included a claim that his client was involved in a gang, yet no evidence had been properly placed before the court. He also pointed out that both accused had previously been denied bail, making the prosecution’s delay even more troubling. The defence submitted that, in the absence of any indictment or explanation for the delay, the court was empowered to discharge the accused since, as of January 14 — several days past the court’s deadline — no indictment had been filed. Court records showed the last document filed by the prosecution was on July 15, 2025, and it was not an indictment. Franklin noted that the indictment is the initiating document required for the matter to proceed and in line with her earlier orders, she discharged both men for non-compliance. Franklin described the outcome as a “sad day for justice” but commended the defence for highlighting the prosecution’s failures. The sufficiency hearing scheduled for April will no longer take place. The allegations stem from events on the morning of July 14, 2023. Around 6.30 am, one of the alleged victims was standing at the corner of Martinez Street and Arima Old Road when a purple Toyota Aqua pulled up. According to the prosecution, one of the accused approached the victim while another, armed with a firearm, held the car door open. A second vehicle arrived with men who reportedly came to the victim’s aid. The Toyota Aqua initially drove off but later returned, and one of the men allegedly fired at a second victim, causing injuries, before fleeing. Yorke and Sandy faced multiple charges, including attempted kidnapping, shooting with intent, wounding with intent, possession of a firearm and ammunition, and possession of a firearm and ammunition with intent to endanger life. The post Prosecution fails to file indictment in Arima kidnapping, shooting case appeared first on Trinidad and Tobago Newsday.