Magistrate dismisses all five charges against Sam Hinds Jr.
Samuel Hinds Junior, the son of former Prime Minister, Samuel Hinds walked out of the Georgetown Magistrate’s Court on Thursday a free man after Magistrate Clive Nurse upheld a No-Case submission made by his lawyer Latchmie Rahamat and dismissed all five charges against him.
On May 6, Hinds Jr. was charged with resisting arrest, disorderly behaviour, assaulting a Peace Officer, obscure number plate and refusing to take breathalyzer test.
These matters were tried together and the trial commenced on July 12 during which the prosecution called three witnesses to prove their cases, however, at the close of the case for the prosecution, Attorney Rahamat submitted and argued that the prosecution failed to prove its case.
As it relates to the charge of resisting arrest, Rahamat argued that the prosecution failed to submit any evidence that Hinds Jr. resisted when Police Constable Clrence Canterburry, was executing an arrest.
“As a result, there is no evidence of how the defendant resisted arrest or even of his committing an offence for which a lawful arrest could have been executed. Neither Policemen Mohamed, Thomas or Crandon could assist the court to prove the essential elements of the offence of as charged,” the defence lawyer submitted to the court.
Additionally, the lawyer argued that there was also no evidence that Sam Hinds Jr disturbed the peace.
“The evidence of Police Constable John Mohamed is very instructive in relation to this issue and from same it is clear that the Defendant’s friends who were there were saying that the police Mr Thomas, Mr Crandon and others were wrong to the Defendant.”
In relation to the charge of assaulting a Peace Office, Rahamat made it clear that the complainant, Constable Canterburry did not show up in court to testify.
“As a result, this charge ought to be dismissed, since there is no evidence on the record from the Virtual Complainant to support the charge and without same, the prosecution would have essentially failed to leave evidence to support each and every element of the charge,” Rahamat argued.
She further submitted that the prosecution failed to establish that her client’s vehicle number plate was obscure.
As it relates to the charge of refusing to take a breathalyzer test, Rahamat explained that the elements of this offence include that the test be administered by a gazette officer, that the machine be calibrated, that the officer taking the test has reasonable suspicion that the defendant has been drinking and driving and that at the time of refusal the Defendant was refusing a lawful request.
According to the lawyer, in the evidence before the Court, Policeman Thomas claims that he was the one who requested the Defendant submit himself to a breathalyzer test, however, when confronted with his statement he admitted that he made nor record in same about observing the driver driving in a zig-zag manner.
“This was added in the witness box with no reasonable explanation as to why same was left out of his police statement and as such this evidence is not reliable.
“Further, there was no evidence that Policeman Thomas is a gazetted rank to conduct the breathalyzer test and without same, there is no evidence of an essential element of the offence. Thus, if he is not gazetted then he could not lawfully ask the Defendant to submit to a breathalyzer test.”
Rahamat further argued that there is also no evidence as it relates to which machine was going to be used and the last time it was calibrated.
The Magistrate agreed with Rahamat’s arguments and discharged the offences.
Hinds Jr. is a miner of Evan Phillips Park, Agricola, East Bank Demerara; in 2015 he was sentenced to two months imprisonment for wounding his sister in law, however, the conviction was appealed and Hinds is currently on $50,000 bail pending the hearing of the appeal.