[COURTHOUSE]:::Guilty of assault with intent to rob

No. 64 Wednesday, March 10, 2010
A man who reportedly attacked an 18 year-old school boy with the intent to rob him of his cell phone, was convicted in the Montego Bay RM Court on Friday, March 5.

    Andre Downer, 24, of Rose Heights, St. James pleaded not guilty to the charge of assault with intent to rob.
    The prosecution called three witnesses, the complainant, his mother and the investigating officer to give evidence.
    In his testimony, the complainant said that on December 9, 2009 about 3 p.m., he was at Railway Lane in the parish with his mother and while heading to the bus park, the accused, who was in the company of two other men, approached him and demanded his phone.
    The complainant said he refused to hand over the phone and Downer pulled a knife and advanced towards him and he pushed his mother out of the way and ran off and shouted for help.
    He said the accused gave chase and in the process the police came on the scene and accosted him. The other two men, he said, fled the scene.
    Having told the police of the incident, he said Downer was questioned by the officer who placed him in the police vehicle and took him to the Freeport Police Station, while he and his mother travelled in another vehicle.
    When the mother was called to the witness box, her testimony supports what her son had said.
    The investigating officer said that on the day in question, he observed the complainant being chased by the accused, who had a knife, and heard the complainant's mother shouting for murder.
    He said it aroused his suspicions and as a result, he alighted from the vehicle and pointed his firearm at Downer and shouted "police!" He then demanded Downer to drop the knife and he complied.
    He said the complainant then made a report to him in the presence of the accused and when cautioned Downer said, "Offica, mi neva did a go rob him ... A frighten di bwoy frighten."
    The officer said he then escorted the accused to the station and asked another motorist to take the complainant and his mother to the station.
    After all the evidence was taken, Resident Magistrate Vivienne Harris gave Downer three options. He was asked to enter the witness box, to speak from the prisoner's dock or to remain silent. He chose to remain silent.
    The magistrate then told the accused that the evidence was overwhelming and pointed out to him that it would have suited him if he had come clean and had pleaded guilty.
    She added that she believes that the complainant and his mother were witnesses of truth and therefore found- the accused man guilty as charged.
    Downer was remanded in custody until March 24 when he will be sentenced.