As of press time today, Akeem Humes, 21, and Ryan Alvarez, 21, remain on remand for a charge of murder in the death of Jason Michael Flores on December 9, 2009.
On Friday, August 12, they appeared in court, where court prosecutor Sergeant Carol Tucker told Chief Magistrate Margaret McKenzie that the prosecution would withdraw the charges because of lack of evidence.
However, the Chief Magistrate said that while the men “should not have to spend another day in jail” if there is indeed no evidence against them, she did not have a memorandum with that directive from the office of the Director of Public Prosecutions (DPP) before her, she said, and would require one before setting Humes and Alvarez free, on that day. She set the matter for hearing at 2:00 in the afternoon, but no such written directive materialized and the men were sent back to prison.
This evening, Director Cheryl-Lynn Vidal told Amandala that there is no requirement by her office to make such a representation to the court, or even “permission” to continue or discontinue cases. The police officers working at the Prosecution Branch of the Department and in the districts are in the same position as Crown Counsels working for the Supreme Court, she explained: they act, in indictable matters such as murder, for and on behalf of the office of the DPP, and as such their statements in court must be taken “at face value,” as though coming from the office itself. (For summary matters their authority is that of the Commissioner of Police.)
According to the DPP, she recently sent a memorandum to the Police Department requesting them to advise the prosecutor as to how to proceed with the matter in light of what has been gathered so far.
Apparently, it was decided that the matter would not be continued, and this was communicated in court. The DPP told us that she would await further official communication from the prosecutor.
Jason Flores was shot and killed on Kraal Road early in the morning of December 9, around 7:30, as he was on his way to work. Alvarez and Humes were charged separately, some 4 and 9 months respectively after the incident.