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Nov 3, 2009

Coye family attorneys confident about outcome of case

Story PictureBradley says that not even the statement of the main witness, Sean Oliver, has enough evidence to send the case to the Supreme Court. Later on in the day defense attorney Arthur Saldivar made submissions on behalf of Melonie Coye, Marlene Coye and Money Exchange International Limited. He believes that the evidence presented by the prosecution cannot substantiate the offence.

Arthur Saldivar, Attorney for Coye Family
“In relation to what is accepted as the law in common law jurisdiction, you’ll find that where there is no evidence upon which a prosecution can hinge a prima facie case, then it is in the power of the magistrate to stop or discharge the matter. So the submissions were made surrounding that pretext.”

Rowland Parks, Amandala
“Mister Saldivar, you had made an issue of the fact that the F.I.U., at this last minute, was seeking to amend the indictment. Can you comment on that and the implications on that for the F.I.U.’s case?”

Arthur Saldivar
“Rowland basically what it is is this. If I had to come into court to answer to any charge, every citizen is guaranteed the right to know the basis upon which they are called to answer. If they are not given adequate disclosure, the constitutional guarantee of fair trial would be totally usurped. And by virtue of that, it’s not allowed. So when the prosecution attempted to seek an amendment, it had to be resisted vigorously on the basis it would be unconstitutional to allow it as it would have caused great prejudice and injustice to the accused persons. I believe that considering the experience, maturity and fortitude of the magistrate in question, that that point would not have lost and I don’t think it was.”

The case has been adjourned until the ninth. The attorney for Athlee Matute and Dietrich Kingston may also make submissions on that date.


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