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File mix-up forces new trial date in sex case

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A NEW trial date will be fixed for a man who denied having unlawful sexual intercourse with a 14-year-old girl seven years ago due to a mix-up in the prosecution’s file.

Eric Dean, 26, appeared before Senior Justice Stephen Isaacs yesterday for the expected start of a hearing into an alleged sexual assault that occurred on December 16, 2009.

However, prosecutor Koschina Marshall informed the court that the file that was recently given to her listed the matter for a status hearing and not a trial.

She asked for an adjournment of the matter in the circumstances.

Senior Justice Isaacs noted that there were two prior status hearings held in June and November where different prosecutors - Anishka Hanchell, Darell Taylor and Erica Duncombe - appeared and the case was set down for trial for yesterday’s date.

“I’m not sure why the file says for mention but obviously there’s nothing you can do about it because you were not it court,” the judge said.

Ian Cargill, Dean’s lawyer, confirmed that Ms Marshall did not have initial carriage of the case and did not object to the adjournment in the circumstances.

“Notwithstanding what your file says, we cannot adjourn sine die (without a date),” the judge said.

The parties agreed to set a new fixture hearing for January 25, 2017.

Dean, who pleaded not guilty to the charge when formally arraigned in December 2013, remains on bail.

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