A man who was accused of attempting to kill a former policeman had the case against him dismissed yesterday by Chief Magistrate Ann McLennan.
Ewart James, who left the courtroom smiling, had been charged in November last year with unlawfully and maliciously wounding ex-police constable Sherwin Hamilton at Sarah Johanna, East Bank Demerara. He had pleaded not guilty.
Delivering her ruling, the chief magistrate said Hamilton had testified that the defendant had hit him with a car, dragged him several feet then threw an acidic substance on him. He had said that he managed to escape to his girlfriend’s place and she took him to the hospital.
However, the Chief Magistrate said the virtual complainant’s injuries and the medical report which was tendered into evidence were inconsistent with his testimony.
Moreover, she added that the injuries seen by the court were shoulder abrasions, which did indicate that some sort of incident occurred between the two men but it was not enough to warrant an attempted murder charge.
An alleged eyewitness did not appear to testify.
The magistrate added that the prosecuting team failed to provide the court with sufficient evidence that it was indeed an act of attempted murder carried out on Hamilton, it was more of an assault or a wounding that was committed.
As such the case against James was discharged and he was freed.
