by Linda Straker
- File not lodged with St George’s Magistrate Court on 28 July by Prosecution Department
- Matter adjourned to 15 February 2021
Failure by the Prosecution Department to present the files for the matter between Donal Kavanaugh and his family, and Evan Smith before the matter was called on 28 July has resulted in the court adjourning the matter to February 2021.
Kavanaugh and his wife Sarah Hatton, were initially charged for the offence of causing harm to Smith. However, after investigations, the charge was changed to wounding with Kavanaugh’s 2 minor children jointly charged with their parents for wounding Smith. The charge carries a maximum fine of EC$1,000 and or 12-months imprisonment.
Lawyer Arley Gill, who is providing legal counsel to the Kavanaugh family said that the family went to the St George’s Magistrate Court on the morning of 28 July as written in the bail document but the matter had to be adjourned because the file was not lodged with the court. “So, they were told to leave, and they left.”
However, it is understood that after the Kavanaughs left the court, the file was presented and the Smiths who were still on the court compound were told the matter was adjourned to 15 February.
Smith in late June appeared on television with his wife claiming the Kavanaughs had beat him up for causing the death of their dog in a vehicular accident on the Fort Jeudy main road. There was an immediate uproar among the public resulting in a protest calling for justice for Smith who, according to a medical report from the Grenada Orthopaedic and Trauma Centre, suffers from a speech impediment.
The matter is up for a trial in the criminal court and has also become the subject of a civil case.
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