Restaurant music charges dismissed

Charges dating from May 2012 against an employee at El Caboose Restaurant were dismissed Tuesday, prompting defense attorney Steve McField to express his gratitude to Magistrate Angelyn Hernandez. “It makes my Christmas very happy, seeing that justice does prevail,” he said. 

The magistrate replied, “It is the court’s duty to see justice done.” The dismissed charges were against Silvana Eugenia Lewis, who was originally charged along with Dr. Frank McField, owner of the restaurant in McField Square, after police went there after midnight on a Sunday because of loud music.  

They both faced charges of obstructing police and resisting arrest. In addition, Ms. Lewis was charged with permitting use of a premises for the purpose of music and dancing out of hours and assault causing actual bodily harm. This second charge related to a police officer who said he was bitten.  

Both defendants pleaded not guilty in November 2012. Their joint trial began on Feb. 11, 2013. In June 2013, after the Crown closed its case, Frank McField argued that there was no case to answer and the magistrate agreed in respect of the obstructing and resisting charges. Trial then continued for Ms. Lewis, but Magistrate Kirsty-Ann Gunn subsequently declared a mistrial and recused herself. 

Ms. Lewis maintained her not guilty pleas and was assisted by Steve McField when Magistrate Hernandez began hearing the retrial in July this year. The matter was to continue in January 2015 but was brought forward to Dec. 16. On that day, Crown counsel Kenneth Ferguson advised that the Office of the Director of Public Prosecutions had reviewed the matter and determined that it was not in the public interest to continue. 

Magistrate Hernandez said she thought that was a wise decision. 

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