By PAVEL BAILEY
Tribune Court Reporter
pbailey@tribunemedia.net
A MAN yesterday told a Magistrate’s Court that after his motorcycle was stolen, it was later placed on Facebook for sale.
Romano Bien-Aime, 20, represented by Attorney Sydney Dorsett, is on trial before Magistrate Kendra Kelly for allegedly stealing and receiving the motorcycle.
Between the night of October 28 and the early morning of October 29, 2021 Bien-Aime is alleged to have stolen the complainant Anthony Powell’s $4,000 red and white Honda CRF-250 motorcycle.
During his testimony Powell told the court that after his bike was stolen, he found the defendant advertising the stolen bike on Facebook.
After notifying the police of his intention to meet up with the suspect to reclaim the vehicle, officers from Carmichael Station escorted him to the meetup point on East Street South on December 15.
Once there in the parking lot of Bien-Aime’s place of work, Morley asked to take the vehicle for a test drive. It was only after the suspect hot-wired the bike for him and Morley drove off that officers arrested Bien-Aime at the scene.
Once Morley identified the defendant in court, he went on to say that the bike was in much worse condition after the theft. In addition to some of the lights being removed, Morley told the court that since turning the vehicle off for police inspection that day, he has not been able to restart it.
During cross-examination Mr Dorsett asked if Morley ever saw the thief the night the motorcycle was stolen to which he said no.
Dorsett also called into question why someone would sell a stolen bike from their place of work only for the claim to be dismissed as speculation by both the prosecution and the magistrate.
Although Morley could not recall to Mr Dorsett the exact details of the Facebook advertisement, he did confirm he only knew the defendant, who he identified in court, from the bike sale.
In Sgt 2986 Anwar Rolle’s testimony the officer spoke of how on the same day the bike was recovered he and another officer conducted an official Record of Interview (ROI) with Bien-Aime.
During this interview, the accused admitted to using a Facebook handle to sell the bike and that he indeed did try to sell the bike to Morley. Bien-Aime after denying allegations of stealing the bike went on to say that he had come into possession of the bike through a man called “Jay” who he also says he doesn’t know.
The defendant further claimed that he only got the bike the same day he says “the real owner” came to buy it back.
This contradicts Bien-Aime’s girlfriend’s written statement on the matter where she says he had the bike for about two weeks.
Attorney Dorsett objected to the ROI his client signed being entered into evidence on the basis that his client did not have legal counsel at the interview nor was he allowed to alter his statements therein after the fact.
Prosecution called this a futile objection, as Sgt Rolle confirmed that police did not coerce Bien-Aime into giving an interview and informed him of his right to legal representation at the time, to which he then declined. The ROI was then logged into evidence.
In Mr Dorsett’s cross-examination of Sgt Rolle, he suggested that it was untrue that there was a variance in time between when his client received and tried to sell the bike on December 15. He further asked the officer if he knew who stole the bike to which he responded no.
Bien-Aime’s case was adjourned to August 17 for prosecution to close its case.
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