Two men accused of an armed robbery that took place in 2016 will go to trial after a judge on Friday rejected a constitutional motion aimed at stopping the proceedings.
Jesse Rolle and Arion McKenzie, who are both on bail, are accused of a robbery that occurred at the Western Esplanade.
Public defender Marianna Cadet asked Justice Cheryl Grant-Thompson to stay the proceedings against Rolle after she alleged that the prosecution had failed to turn over CCTV footage that could possibly exonerate her client.
Cadet said Rolle could not have a fair trial without the footage that had been requested from 2018.
In response, Eucal Bonaby, chief counsel, described the application as a fishing expedition since the prosecution did not have the footage.
Cadet also argued that the delay in bringing the case to trial was a breach of Rolle’s rights.
Sonia Timothy, appearing for McKenzie, joined the argument that the case had taken too long to come to trial. She also argued that there wasn’t any evidence to support the charge.
Grant-Thompson agreed that the delay was inordinately long; however, she did not find that there had a been breach of the constitutional rights of Rolle and McKenzie.
The men are scheduled to stand trial on December 5, 2022.