General — 17 December 2013 — by Rochelle Gillett – Flowers
Brian “Yellowman” Audinette, & Allan Kelly, have charges dismissed

Phillip “Fawda” Henry, the alleged victim, was a no-show in court

This morning, Brian “Yellowman” Audinette, 31, the Mace Bearer in the House of Representatives and a UDP “stalwart,” and Allan Kelly, 30, had their charges dismissed this morning by Magistrate Hettie Mae Stewart after the main witness and alleged victim, Phillip “Fawda” Henry, failed to make an appearance in his trial and the other witness, police corporal Wilbert Chi – another alleged victim of Audinette and Kelly – could not identify his alleged attackers.

Henry had gone to the media and alleged that at 5:20 a.m. on July 12, he was attacked by Audinette and his friend, Kelly. The two men then allegedly attacked a police officer, Corporal Chi, when he intervened in the matter.

Audinette and Kelly were charged with assaulting a police officer, wounding, harm, and threatening words, to which they both pleaded not guilty when they were arraigned. They were offered and met bail of $3,000, and appeared this morning for the trial.

But Henry, who had wanted charges to be brought against the men, displayed no sense of urgency about a matter that he went to great lengths to make the public aware of, for when it was time for Henry to testify about the abuse that he allegedly suffered at the hands of Audinette and Kelly, he was nowhere to be found.

The prosecutor proceeded with the trial by calling PC Chi to testify, but he could only testify about what he had seen that day. And since he was hit from behind, he could not identify his attacker/attackers, and so couldn’t point out Audinette or Kelly as the person who attacked him.

And since Henry was the witness to PC Chi’s attack but was a “no show” for the trial, there was no one to corroborate the testimony of PC Chi.

After hearing the evidence in the trial, Magistrate Stewart struck out the matter for want of prosecution.

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