The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

ONE of four people to be tried in connection with the murder of businessman Kurt McCartney lost her bid to be freed of the charges stemming from the fatal shooting.

Lyndera Curry and her lawyer, Geoffrey Farquharson, appeared before Senior Justice Stephen Isaacs yesterday for the judge’s ruling on an application made on the basis that the purported statement of a witness who received anonymity from a magistrate was the only evidence alleging Curry’s involvement in the October 24, 2013 murder.

Mr Farquharson had previously argued that his client’s right to face her accuser had been breached and if the court was “not minded” to have the charges of murder and armed robbery withdrawn, the court should give Curry bail.

Senior Justice Isaacs ruled that the purported statement of the witness contained in the Voluntary Bill of Indictment, the Crown’s case against the accused, was not a statement at all and did not comply with the provision of the Witness Anonymity Act.

The court ordered that the Crown provide the actual statement of the witness to the defence. However, Senior Justice Isaacs ruled that any identifying information of the witness be sealed before the statement was turned over as the witness anonymity order would remain in place.

Admission to bail and the other declarations Curry sought from the judge, including the dismissal of the charges, damages for denial of due process, and damages for false imprisonment, were dismissed.

Curry is charged, with Sumya Ingraham, 26, also of Plantol Street, Thorne Edwards, 23, and Okell Farrington, 31, of Pinewood Gardens. They are alleged to have intentionally caused the death of Richard Kurt McCartney on October 24, 2013.

They were also charged with armed robbery. It is claimed that while armed with a handgun, they robbed McCartney of his 2007 Hummer vehicle, valued at $37,000.

McCartney, the brother of Democratic National Alliance leader Branville McCartney, was shot and killed in Gambier Village. Police discovered his Hummer a few hours after his death east of the Traveller’s Rest restaurant. The accused were not required to enter a plea to either of the charges and were remanded.

A fifth person, 42-year-old Terry Delancy, the owner of Virgo Car Rental, was charged with being an accessory after the fact. He is accused of enabling Curry, Ingraham, Edwards and Farrington to avoid due process of the law. He pleaded not guilty to the charge.

Delancy was granted $15,000 bail with one surety. He was ordered to be electronically monitored.