By LAMECH JOHNSON
Tribune Staff Reporter
A MAN was re-arraigned yesterday in connection with the destruction of a dormitory at the Bahamas Agriculture and Marine Sciences Institute in Andros earlier this year.
Dave Dion Moxey and his lawyer Calvin Seymour appeared before Chief Magistrate Joyann Ferguson-Pratt for a status hearing stemming from the decision of a Supreme Court judge to quash the Crown’s voluntary bill of indictment (VBI) against Moxey concerning the January 15 fire, which destroyed the dorm.
On July 3, Justice Bernard Turner remitted the matter to the Magistrate’s Court to have errors corrected, as the VBI “did not conform” to the provisions of Section 258 of the Criminal Procedure Code (CPC), as it “did not constitute a true case” against the accused.
At a July 14 hearing in Magistrate’s Court, Crown prosecutor David Cash was told by the chief magistrate that he would have to produce a new docket for arraignment and, for the sake of expediting the matter, a new VBI if the prosecution’s intent was to proceed with the matter.
In yesterday’s proceedings, Mr Cash did as instructed and produced a new charge sheet and VBI concerning the matter in question. Copies were given to the chief magistrate and Mr Seymour.
The chief magistrate went on to explain that the VBI contained the Crown’s case against the accused and would facilitate the transfer of the case from the Magistrate’s Court to the Supreme Court.
The chief magistrate further instructed the accused that he could not offer an alibi at trial if he did not enter one at the VBI presentation or within 21 days to the Office of the Attorney General.
After consulting with Mr Seymour, Moxey chose the latter.
The matter is now before the Supreme Court.