Capleton has been freed of a rape charge.
Christopher Townsend, attorney of the Jamaican musician, told media reporters that the judge issued the ruling during a committal hearing. Capleton was discharged because the judge agreed with the defense that the complainant did not comply with the Committal Proceedings Act and the evidence contained in any other statement did not rise to the prima facie level, according to the artist’s lawyer.
Committal proceedings are held to determine whether, in the case of more serious criminal offenses, there is sufficient, evidence to require the defendant to stand trial.
“The judge ruled that there was no prima facie case and the matter was discharged. The prosecution had attempted to submit a new statement into evidence but the judge did not allow that and ruled to dismiss the case,” Townsend said.
““A case like this takes place in the parish court first then it goes to the Supreme Court. This is the preliminary stage, so no witnesses were called, but statements were taken and that was used as evidence. Now, the statements were not in accordance with the rule so they can’t be used as evidence, so the judge ruled that there was no case,” the attorney-at-law explained.
A prima facie case is the establishment of a legally required rebuttable presumption. It is a cause of action or defense that is sufficiently established by a party’s evidence to justify a verdict in his or her favour, provided such evidence is not rebutted by the other party.
When the “Slew Dem” deejay last appeared in court, he had his bail extended and a new mention date was scheduled after the court had been told that the case file was incomplete.
Capleton was accused of forcibly having sexual intercourse with a female hairdresser he hired to groom his hair at a New Kingston hotel on April 28 last year. Detectives assigned to the Centre for Investigation Sexual Offence and Child Abuse (CISOCA) arrested and charged the popular 51-year-old entertainer with rape in April 2018.
Since the incident, the attorney representing the international reggae artiste has refuted the claims and accused the female of trying to extort his client.
Townsend revealed Capleton is happy that the case has ended.
“He has gone through a lot. This is the end of a very long road for him, and at this point, he is thanking his many fans who have been supporting him, who have not lost faith in him,” the attorney said.
“Nobody can ever be confident that their case will be dismissed, but what he was confident about was that he was innocent. One can only hope that the justice system will work, though it is sometimes flawed,” he added.
Capleton’s manager, Claudette Kemp, also confirmed the news with reporters.
“I don’t know how to contain my joy; Capleton has been freed, God is good,” an ecstatic Mills said.
“The police had attempted to submit a new statement and change the original statement given by the girl in the matter. So this decision is an affirmation of truth and rights. Capleton has always maintained his innocence and his name has been cleared in this matter.”