AN assistant divisional fire officer has been freed of a drunk driving charge after the police officer who charged him almost two years ago failed to prosecute the case.
Adesh Harrinarine, an ADFO, was discharged by Magistrate Maureen Baboolal-Gafoor on April 8, when his trial was set to begin.
Baboolal-Gafoor dismissed the matter after submissions from Harrinarine’s attorney, Vashisht Seepersad, of Fortis Chambers. She criticised the complainant (charging officer) for failing to act with due diligence while recognising that the police prosecutor did not ask for an adjournment in an attempt to defend the defenceless.
Police prosecutor Sgt Williams had earlier informed the magistrate that he did not have a file nor was one sent to the office of the Director of Public Prosecutions. He also admitted there was no disclosure of evidence in the almost two-year old case.
In his submissions, Seepersad asked for the case to be dismissed for want of prosecution since his client had been attending court for almost two years and had, from inception, sought specific disclosure as he intended to challenge the accuracy of the breathalyser test.
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Seepersad said almost two years on, the defence had not received the disclosure sought and lamented the wastage of the court’s time and resources for a case that the police had failed to prosecute.
He urged the magistrate to consider the seriousness of the offence and the prejudice his client suffered since the charge affected his job with the fire service.
Harrinarine had been charged on August 31, 2023, for allegedly driving along Wrightson Road, Port of Spain, in the vicinity of the Breakfast Shed, “after consuming so much alcohol” that it exceeded the prescribed limit of 25 microgrammes of alcohol per 100 millilitres of breath.
