Judge rules there is no case to answer
case to answer in the trial of accused robber Wayne E. Smith.
Smith, 30, of no fixed abode, pleaded not guilty to armed robbery on September 6, last year at the Barnsdale guest house in Paget.
However, he pleaded guilty to one charge of burglary at a different address on the same day and another charge of burglary on September 8, 1994.
After hearing submissions from defence lawyer Mr. Archie Warner and Crown Counsel Mr. Melvin Woolridge Mr. Justice Meerabux said the prosecutions case hangs and falls on Smith's confession.
"We have to look at the evidence in its totality and one has got to have corroborative evidence and there is no corroborations in this case,'' he said.
And he added that the jury would have to be directed in finding Smith not guilty of robbery.
However, for the other two charges of burglary -- one at Barnsdale where he broke into a guest room and stole a bag of chips and cookies, and the other at his sister's house where he stole money from her roommate -- Mr. Justice Meerabux sentenced him to two years and nine months for each charge -- to run concurrently.
The Crown had asked that Smith, who previously served time for stealing a handbag, unlawful assault, and wilful damage, to be sentenced to four to six years as they felt the society needed to be protected from him.
But, Mr. Warner said at the time of the two recent offences Smith was strung out on drugs and was sleeping anywhere he could. And he asked that the prison sentence be between 12 and 18 months as he felt Smith was "salvageable''.
Last week the Canadian couple said they were robbed by the defendant shortly after they returned from dinner on the night of September 6.
Victims Daniel and Catherine Showalter of Montreal, said after hearing two loud bangs coming from the area of the sliding glass door in the room.
Mr. Showalter said he went to inspect the noise and a man appeared wielding a kitchen knife.
They said the man demanded to know where their valuables were and ordered them to go in their bathroom while he searched the room.
The couple later discovered that their gold and diamond engagement and wedding rings, worth $4,800 Canadian dollars, and a College signet ring, worth $200 Canadian dollars were missing.
Mr. Warner told investigating officers in the case that they had drilled information about the crime into Smith's head and when questioned, an innocent Smith only repeated what he had heard.
He also stressed that neither of the victims were able to identify Smith during the identification parade. And the knife that Smith allegedly used was never found.
