THE COURT of Appeal on Wednesday dismissed the appeal of a policewoman and a district constable who were convicted in October 2001 of negligently permitting the escape of prisoners.
They are Corporal Christine Parkes and District Constable Clive Nicholas who were each fined $2,000 or three months imprisonment.
Evidence was given at the trial before Resident Magistrate Almarie Sinclair-Haynes that on November 28, 1998, four prisoners, two of whom were in custody for murder, escaped from the Golden Grove police station lock-up in St. Thomas.
One of the prisoners testified that they had cut the steel bars over several weeks. He said they cut the bars while the television set was playing. The prisoners were recaptured shortly after they escaped.
REGULAR CHECKS
The defendants denied they were negligent and said they made regular checks on the prisoners while they were on duty.
The RM found that District Constable Nicholas failed to visit the cell block every half an hour as he was required to do. She also found that Corporal Parkes failed to ensure that the visits were done.
During the hearing of the appeal the court queried whether the prisoners were in lawful custody and requested proof. The court sheet from the Morant Bay Resident Magistrate's Court, St. Thomas, was presented in court on Wednesday.
Anthony Armstrong, Crown Counsel, submitted that it was evident from the court sheet that two of the prisoners were in lawful custody because they were remanded in custody to return to court on other dates.
The Court of Appeal, comprising Mr. Justice Paul Harrison, Mr. Justice Karl Harrison and Mrs. Justice Hazel Harris (acting), agreed that the prisoners were in lawful custody at the time when they escaped and dismissed the appeal.
