From the Courts
April 13, 2017
Baby murder case adjourned

Chief Magistrate Rechanne Browne-Matthias has given the Crown until April 19 to get its house in order, so that a Preliminary Inquiry (PI) into last year’s murder of a 10-month-old baby can commence.

Martin ‘Jahson’ James, 45, and Recardo McFee, 27, were arrested and jointly charged with the murder of Mozarie Lee of Fair Hall, which occurred on October 7, 2016.

The baby succumbed to gunshot wounds to his stomach.

Both men were also charged with the attempted murder of Shelly-Ann Durham, a 27-year-old babysitter of Fair Hall and Mozart Lee, a 39-year-old audio technician of Fair Hall, the baby’s parents.

When James and McFee appeared before the court, senior prosecutor Adolphus Delpesche indicated that the Director of Public Prosecutions (DPP) would be proceeding with the case as a PI and asked for a short adjournment.

However, after reviewing her notes, the chief magistrate pointed out that at their last court appearance, the prosecution indicated that they would be proceeding when the matter was next called.

Delpesche, however, stated that was not the understanding he got. He told the court that the DPP needed to decide how the matter would be tried and came to the conclusion that it would continue to be tried as a Preliminary Inquiry.

Lawyer Grant Connell, who represents James, hinted that it was his view that the case should proceed and that his interpretation was the same as the chief magistrate’s.

Delpesche, however, stated that the Crown was not ready and argued that he is always upfront with the court and that his understanding was that the adjournment was given so the DPP could come to a decision.

Lawyer Israel Bruce, who represents McFee, said he would not stand in the way of the decision of the court, but asked that the court considers that the liberty of the accused is at stake, adding that the trial has been postponed for seven months so far.

Browne-Matthias then adjourned the case to April 19, when the PI would begin without excuse. (AS)