A judge directed a jury yesterday to acquit a convicted housebreaker of burglary after the prosecution failed to prove its case.
Jeremy Lenwood Roberts, 26, was charged with burglary with intent to commit a felony therein after it was alleged he entered the home of Prisca Pascal at the Iggy Biggy apartment complex apartment in Marsh Harbour, Abaco, two years ago.
Attorney Laquay Laing acted on Roberts’ behalf and Attorney Erica Kemp represented the Office of the Attorney General.
The trial opened at Freeport Supreme Court before Senior Justice Hartman Longley on Monday and, by the end of the day, the prosecution had called all five witnesses and closed its case.
When the five-woman, four-many jury returned for what was to be the second day of trial, it was expected that the defense would open its case.
But the judge informed the jury that the matter was to take another course.
“In your absence I heard certain legal submissions and, as a result of those submissions, I ruled that the accused person does not have a case to answer,” he told the jury.
In that vein, Justice Longley directed the jury to return a not guilty verdict.
He then informed the accused as to what the verdict means.
“Jeremy Roberts, you have been found not guilty and acquitted. you are discharged, you are free to go,” Justice Longley said.
It was the prosecution’s case, however, that Roberts was known to Pascal who had told the court the day before that she met him in her upstairs apartment.
In fact, the prosecution’s key witness said she had known Roberts as they had attended the same preschool, primary school and high school.
Pascal said she and her fiancé had left their apartment around 8 p.m. on November 28, 2010, were gone for no more than 15 minutes and were climbing back up the staircase when she came upon the burglar.
Pascal explained that her boyfriend was a few steps behind when she heard what sounded like the back sliding door opening.
When she climbed up a few more steps to investigate, she said she noticed when a man stepped out and looked over the balcony.
After staring at him for about 10 to 15 seconds, Pascal said she asked him what he was doing in her house.
“He said, ‘I een in your house,'” Pascal told the court and added that the man stuttered.
Pascal said the burglar then ran back inside the apartment and she observed him running into her bedroom, she ran back downstairs to call the police.
She never saw him leave, but remembered hearing a pouncing sound coming from the roof of the nearby building.
Her fiancé also took the stand and corroborated her testimony.
The prosecution also called fingerprint expert Detective Corporal 2967 David Gibson, who is attached to the Marsh Harbour Police Station, and testified that he was unable to lift any prints from the scene.
The arresting officer Detective Sergeant 1263 Remy Minnis informed the court that he had taken Roberts into custody after arresting him at Roberts’ Dundas Town residence and lead investigator Detective Corporal 23 Datus Farrington said during the interview, Roberts denied knowing Pascal or entering her apartment that fateful night.
The court also learned that while Roberts was freed of the burglary matter he would be returning to Her Majesty’s Prison to serve out the remainder of a four-year sentence for a number of housebreaking and stealing matters.
Defense Attorney Laing said he was not surprised with the outcome since he had noticed certain shortcomings of the prosecution proving their case before the trial.
“Even though they endeavored to meet the requirement, they had not done that, so I was quite relieved and happy,” he said.
He noted that his client, too, was happy.
By Lededra Marche
Freeport News Editor
