Police blunder saves man!
February 12, 2010

Police blunder saves man!

A POLICE BLUNDER has resulted in a no-case submission being upheld.

Randolph Medford did not even look over his shoulder when he exited the High Court in Kingstown after a nine-member jury was instructed to return a not guilty verdict on two counts of unlawful sex with a girl under the age of 13.{{more}}

On Tuesday, February 9, Medford, a resident of Sion Hill, had pleaded not guilty to both charges, which allegedly took place in April 2006.

Justice Frederick Bruce-Lyle upheld a no-case submission put forward by young counsel Kalisia Isaacs.

Arguing her first case in the High Court, the lawyer of only four months pointed out several blunders in the prosecution’s evidence, which later went to their detriment.

In the complainant’s testimony in court, she said she did not make a complaint to the police until two years after the alleged incident. At that time, she alleged that Medford raped her in 2006 and another man, Mike Adams, raped her in 2008.

Adams pleaded guilty to having sex with the girl between June 29 and July 28, 2008. He was bonded for 5 years.

However, in the testimony of Sergeant Henry Delspeche, he said that he charged Medford for the incident, which took place in 2006. In the report injury form partly written by Delpesche, there was a recurring date of July 28, 2008, listed as the date when Medford allegedly had sex with the young girl.

In her submission, Isaacs said that her client was charged for an offence that took place between March and May 2006. She also noted that the girl, in the report, never once mentioned Medford’s name, but instead, only stated the name of Mike Adams.

“Your Lordship, the prosecution is leading evidence that happened in 2008. My client is here for a case that he has no knowledge about,” Isaacs argued.

It was under stiff cross-examination by the Isaacs that Delpesche said that the year was 2008 when the report against Medford was made and that he made a mistake and wrote that wrong date on the form and never corrected it.

In light of Isaacs’ discovery, prosecutor Carl Williams said: “In those circumstances, we concede.”

Justice Frederick Bruce-Lyle highlighted that the case should not have made its way up to the High Court. “You may very well have done it, but the investigations of this case saved you,” Bruce-Lyle stated.

The outspoken judge also gave Medford a sound warning before telling him he was free to leave. “If you are interfering with young girls, leave them alone. You are lucky this time,” Bruce-Lyle warned.

Veteran counsel Bayliss Frederick appeared with Isaacs, while Sejilla McDowall appeared with Williams for the crown.