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DPP discontinues theft case against Samanthia Cabey whilst Belles man await sentence for theft

The Director of Public Persecution (DPP), Sherma Dalrymple, has discontinued a theft case against Samanthia Cabey, accused of stealing from her place of employment at Dev Trading Limited.

According to the indictment, it was alleged that between March 31, 2009, and October 31, 2010, at Roseau, Cabey allegedly stole the sum of $159,838.15 in cash belonging to Dev Trading Limited with Shawn Sharma representing as the Virtual Compainant.

She was further accused of falsifying 30 National Bank of Dominica cheques belonging to Dev Trading Limited for personal gain. Cabey had pleaded not guilty to the charges and last year at her arraignment, attorneys-at-law Joshua Francis, Darius Jones, and Peter Alleyne who all represented the accused informed the Court that the delays in the matter were a result of the prosecution’s refusal to fund the defense request for a forensic accountant which they deem vital to their case.

In response, the State attorney attached to the Office of the DPP, Marie Louise Pierre-Louis told the Court that the prosecution was firm in its position citing case laws to support their decision. Then, the prosecution gave notice to the Court that they intend to call 25 witnesses to the stand during the prosecution of this matter.

However, at the 2023 September Session of the High Court Criminal Division sitting, when the case appeared before the newly appointed Resident Judge, His Lordship Justice Colin Williams for arraignment, the DPP gave notice to the Court that she had filed a notice of discontinuance in the matter in accordance with the provisions of Section 72(2) (c) of the Constitution of the Commonwealth of Dominica.

Meanwhile, a Belles man named Shem Smith is awaiting the sentence of the Court following his guilty plea to theft of $28,500.00 between December 30, 2016, to February 24, 2017, at his former place of employment.

According to the facts of the case, Smith was employed as a supervisor at Krispys during the aforementioned period. Among his responsibilities was paying merchants for goods with cheques signed by the owner Joann Moise ahead of the purchase. Consequently, he was permitted to fill in the name of the business and the amount owed to the merchant. However, upon further inquiries made by the Virtual Complainant (VC), it was revealed that Smith had written cheques to himself from Moise’s account from the period December 30, 2016, to February 24, 2017, which amounted to $28,500.00.

As a result, Smith was arrested and the charge was preferred against him. Following a Preliminary Inquiry at the  Magistrate Court, he was indicted at the High Court, and at his first arraignment on January 12, 2023, he pleaded not guilty to the charge.

However, on the date set for his trial, September 22, 2023, upon request by his attorney Peter Alleyne of the Legal Aid Clinic, the indictment was read over to Smith and he pleaded guilty. Justice Williams will hand down his sentence on September 29, 2023.