Barbara Gayle, Staff Reporter

Resident Magistrate Carol Edwards, who decided last year not to continue a trial after the complainant, businesswoman Kimberly Adamou, raised certain objections, reversed her decision on Thursday and completed the trial.

Adamou's former business partner, Wayne Baxter, was fined $70,000 for assault occasioning actual bodily harm to Adamou in August 2003. Baxter was found not guilty of malicious destruction of property. Baxter was freed of the larceny charge after RM Edwards upheld a no case submission made by attorney-at-law Christopher Townsend.

Attorney-at-law Hugh Thompson, who was prosecuting the case, walked out of the Spanish Town Resident Magistrate's Court, St. Catherine on Thursday after the RM refused to grant an adjournment in the case.

Mr. Thompson told the RM that Adamou was off the island. He said that, at the time when the RM recused herself, the defence lawyer was about to cross-examine Adamou. He said Adamou had always been attending court. Mr. Thompson also queried whether the RM could continue to try the case after she had previously recused herself from the case.

Walked out

The RM said she was proceeding with the trial and Mr. Thompson walked out of the courtroom.

Mr. Townsend said Mr. Baxter said he was happy that the case was over and he would now be able to move on with his life.

Last year Miss Adamou, who is supported by the lobby group Jamaicans for Justice, took her case to the Inter-American Commission on Human Rights where she reported the injustices she felt she was receiving as a complainant. She also complained about the long delay in having the case tried. In response to her complaints, the commission had asked the Jamaican Government to ensure that precautionary measures were taken to ensure Adamou's safety.

The case lasted for nearly four years and Thursday was the 37th time it was before the court.

After the RM recused herself, the matter was reported to the Director of Public Prosecutions for him to decide whether a nolle prosequi (no proceedings) should be entered and the trial proceed before another RM. The DPP did not enter a nolle prosequi.

Mr. Thompson said he was now doing research to ascertain whether the RM had the legal authority to continue the case after she had recused herself from it. He said there was the possibility that the case may go to the Judicial Review Court for a ruling.