Cop freed of drunk driving charge

A Rapid Response Unit constable accused of being in charge of a police vehicle while intoxicated in 2017 has been acquitted after a district court judge ruled the State failed to prove its case.

Constable Dennis Dewar was freed on February 20 by Judge Ava Vandenburg in the Siparia District Court, after key prosecution evidence was expunged due to the repeated absence of the charging officer.

The case stemmed from an incident on November 4, 2017, when police responded to a shooting at a bar in Anthony Branch Trace, Siparia.

According to prosecution witness PC Marlon Scipio, Dewar was seen speaking with a group of people, including a woman who refused to give her name and address. When questioned by Scipio about why she needed to be identified, Dewar allegedly said she could be arrested.

Scipio claimed Dewar appeared intoxicated. He claimed his eyes were red,his speech slurred, his breath smelled of alcohol and he was gesticulating excessively.

Later, acting Insp David Subero, the charging officer, arrived at the scene and claimed he also smelled alcohol on Dewar’s breath. Subero testified that Dewar admitted he had been driving the police vehicle all day and handed over the keys before being arrested.

A breathalyser test later found Dewar was 15 micrograms over the legal alcohol limit.

Although giving evidence in chief, Subero failed to return to court for cross-examination by defence attorney Kevin Ratiram after multiple adjournments.

State attorney Hannah Kaljam-Ali was unable to explain his absence. As a result, Vandenburg agreed to expunge Subero’s testimony from the record.

In his testimony, Dewar admitted to having a drink of whiskey at a birthday gathering before responding to the shooting incident with another officer.

At the bar, the owner pointed out a woman, claiming she caused a fight that led to a stabbing and a shooting. Dewar said he attempted to question her, but she and others became hostile.

He further alleged that the woman called out to PC Scipio, who then accused him of harassment.

Dewar also denied being in charge of the police vehicle. He said his colleague was the one driving and had possession of the keys.

In delivering her ruling, and in the absence of evidence, Vandenburg said there was doubt about Dewar’s possession of the vehicle’s keys.

She also found that Dewar’s recorded alcohol level did not align with Scipio’s description of his behaviour and appearance at the scene.

She also said Dewar’s actions at the scene in questioning the woman were a legitimate attempt to investigate the shooting.

Vandenburg said the evidence also raised questions about Scipio’s credibility, which she said raised "great concern."