Complainant ordered to pay court

A man who claimed to have been seriously harmed by two other men has been ordered to pay the High Court $1,500 in three months, after dropping the case.

Conan Kenelm Ashby of Coles Road, Bournes Village, St George, and Shane Omar Callendar of Glebe Land,
St George had been charged with causing Carlos Austin serious bodily harm with intent to maim, disable or disfigure him on September 2, 2008, and inflicting serious bodily harm on him, as well as assisting an offender.

However, Austin told Madame Justice Michelle Weekes in the No. 2 Supreme Court recently that he was no longer interested in pursuing the case.

Under oath and questioning by Deputy Director of Public Prosecutions Donna Babb-Agard, QC, Austin maintained that he had not been threatened or promised any incentive to stop the case.

“I am sorry,” Austin told the judge, as he admitted that he had wasted the time of the court and all those involved in the case.

Babb-Agard told Justice Weekes that the Crown was relying on Austin’s testimony to prove its case, and with his lack of interest, it had no choice but to drop the matter.

The judge enforced that decision, but not before ordering Austin to pay the court costs in three months’ time with an alternative of six months in prison.

The legal troubles of Coles and Callendar are not yet over, however, as they have a joint firearm charge still hanging over their heads.

That case will come up for hearing in the High Court on September 19.

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