Case dropped against alleged knife robbers
The case against two men accused of robbing a tourist at knifepoint has been thrown out after witnesses became "fed up" with numerous adjournments to the trial.
The news was greeted with concern by the victim, who was left traumatised by the incident a year-and-a-half ago and is disappointed no-one has been brought to justice.
Darren Anglin and Devonne Hodgson, both 24, were charged on May 20 2009 with robbing Canadian Charlotte Gowdy, an actress from Toronto, four days before. Anglin was said to have snatched the bag and brandished a knife at Ms Gowdy, with Hodgson charged as his alleged accomplice.
Both men pleaded not guilty and were remanded into custody. When the case first reached trial in January 2010, Ms Gowdy, 31, fought back tears as she described how she was visiting Church Bay beach with two female friends when a "tall, black man in dark coloured clothes" grabbed her bag and took off with it.
Ms Gowdy told the court she yelled at the man and chased him, trying unsuccessfully to grab her bag before he threatened her with a knife.
"He said 'get back or I will stab you'," she told the court. "I looked up and saw that he was brandishing a knife above his head. He was beside his bike at the time, which was approximately a metre or two from where I was then standing."
Ms Gowdy described the knife as thin and silver with a blade around seven to eight inches long, and said she was paralysed with fear when she saw it.
"I was shocked, frozen. I may have taken a step or two back but my body felt paralysed and I was very afraid. The man got on his bike and drove straight towards me. I recoiled, he came very close but no, he did not (hit me). He came within a foot of me. I felt severely traumatised."
After hearing from three more witnesses that day, the case was adjourned and the defendants released on bail. However, the trial was then delayed on at least five more occasions over the next ten months.
Some of the delays were due to the unavailability of the prosecutor, Maria Sofianos, and Magistrate, Khamisi Tokunbo, and on one occasion because defence lawyer Craig Attridge was unable to make it to court.
Eventually, Mr. Attridge complained to the Magistrate there had been an abuse of process because it had lingered on so long. He also pointed out that no-one had been able to identify Anglin as a participant in the robbery.
Hodgson admitted to Police that he was present at the scene, but said he did not participate in the crime. On Friday, October 8, the Crown conceded there was no case to answer, and Anglin and Hodgson were cleared.
In a message sent to Ms Gowdy informing her of the outcome of the case, Detective Constable Michael DeSilva told her: "It was dismissed due to the witnesses becoming fed up with the several adjournments and them simply refusing to return... added to the Magistrate himself being absent quite a lot, the defence won their submission of abuse of process."
Ms Gowdy shared the message with this newspaper upon request.
Giving her reaction to the news, she said yesterday: "I guess I'm disappointed at the system, that nothing's come of it, because I don't want it to happen again to anyone else."
Ms Gowdy said the robbery was "very traumatic" and she suffered nightmares for several months afterwards.
She had been visiting a friend who lived in Bermuda at the time of the incident, and had to fly back to the Island last January to give evidence. Most of her costs except taxis to and from the airport were paid by public funds.
"Coming to court brought back a lot of negative memories, having to face both of them and sitting around and reliving it all again. It wasn't exactly pleasant," said Ms Gowdy.
"Unfortunately it's left me feeling like I don't want to come back and the sense I got from my experiences there is that crime is on the rise. For me, personally, I think it will be a long time before I really want to go back. It was a really unsettling experience and ruined my visit."
A Police spokesman said: "The decision was handed down by the court for the reasons outlined — abuse of process. The adjournments were outside of the control of the Bermuda Police Service; however we commend the courage of Ms Gowdy in proceeding with the trial and giving her testimony."
Both defendants cleared in the case have criminal records. Anglin's past convictions include punching a woman in the face in summer 2005 when he robbed her of her handbag at a Hamilton bar. The following summer, he punched two women in their faces as he attempted to steal their handbags in the city centre.
He has previously been diagnosed with a psychotic disorder and has also been convicted of motorcycle theft and fighting in the street. Meanwhile Hodgson has past convictions for breaking and entering, assault causing bodily harm and stealing a van while high on ecstasy.
Although cleared over the charges he faced in respect of Ms Gowdy, Anglin remains in custody over a burglary case.
