IN THE COURT OF APPEAL
MAGISTERIAL CRIMINAL APPEAL NO. 26 OF 1992
Before: The Ht. Hon. Sir Vincent Floissac – Chief Justice
The Honourable Mr Justice Singh – Justice of Appeal (Ag)
The Honourable Mr Justice Matthew – Justice of Appeal (Ag)
Appearances: Miss A. Roberts for the appellant
Mrs D. Wilson for the Respondent
1992; September 17
On the 15th June, 1992 the appellant was convicted by Magistrate D.J. Moise of four offences under the Motor Vehicles and Traffic Ordinance. According to the testimony of Corporal Clyde Charles all the offences were comnitted in Dominica, three of the offences were alleged to have been conmitted on the 15th March, 1992 and one of the offences was alleged tc have been carvitted on the 20th March, 1992.
The Appellant reli,1d on his passport to refute the testimony of Corporal Charles. But a.1though the passport shows that tile appellant was in St Martin on 1st March, 1992 and returned to Dominica on the 25th March, 1992, the passport does not prove the whereabouts of the appellant on the relevant dates.
The passport is tlterelore not sufficient evidence to discredit Corporal 01arles whan the learned Magistrate believed. 111e appeal is therefore dismissed.
SIR VINCENT FLOISSAC
JUSTICE OF APPEAL (AG)
ALBERT N.J. MATTHEW
p style=”text-align: right;”>JUSTICE OF APPEAL (AG)