Christopher Thomas, STAR Writer
WESTERN BUREAU:
The Trelawny woman arrested in a 2012 anti-lottery scam police operation had her bail extended to May 4, following an application by her attorney to have the case dismissed in the Montego Bay Resident Magistrate's Court on Wednesday.
Kemisha Simmons from Duncans received the new court date after
her attorney, Khadine Colman, revealed that documents had not been served on her from the office of the Director of Public Prosecutions (DPP), which is to take conduct of the case.
"I was to have been served by counsel from the DPP, but I have not been served," attorney Colman told presiding magistrate Carolyn Tie. "I want the matter dismissed for want of prosecution, as we have set four dates for counsel to be served, and I have not been served. This matter has been on the list since 2012."
"Even if I were to dismiss it for want of prosecution, it could be brought back by the DPP," RM Tie replied.
"Then let us give them (DPP's office) the opportunity to do so," said attorney Colman.
The matter was subsequently set for mention on May 4.
Simmons was arrested on August 19, 2012, along with her co-accused and common-law husband, Kemar Steele, who is now deceased. The couple was arrested during an operation by the Lottery Scam Task Force in Duncans.
According to the allegations, the American complainant was spotted in a bank in the company of Steele and Simmons. The American was reportedly lured into the country by the two, who were said to have told him that he had won US$37 million and that he should collect it and pay over J$300,000.
It is further alleged that investigations by the police led to a search at the couple's house, where several items, including two laptops with information relating to the illegal scam were found along with electronics items, documents and over J$100,000.
Steele was charged with conspiracy to defraud, and Simmons was charged with possession of criminal property, money laundering and conspiracy to defraud.
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