Photo Credit: BVI Platinum News
Drew Farrell, who is accused of attempting to choke and pulling a gun on his ex-girlfriend, received a warning from Senior Magistrate Tamia Richards not to interfere with witnesses involved in the case.
Farrell, 29 of the Valley, Virgin Gorda is charged with Attempting to Choke and Criminal Damage for ripping a $10 blue t-shirt his ex was wearing at the time of the alleged attack.
Farrell who was granted $50,000 bail in December, 2012 by a High Court Judge had been interfering with the complainant following his arrest.
At yesterday´s sitting, Prosecutor Sarah Benjamin disclosed that the Crown intends to move to the High Court in relation to the issue since he was granted bail by the High Court after rejection from the lower courts.
Benjamin related that both the accused and his family members have been interfering with witnesses in the case particularly the complainant. It was disclosed that the contact which was made may have somewhat had an impact on his release.
She said the crown was not preview to such information at that time of the bail hearing. However, she said they will be pursuing the matter.
Senior Magistrate Richards then warned the accused and related to him that it is an offence under the Criminal Code to interfere with witnesses and noted that it lies with the DPP's office whether they would want to press additional charges.
She told him to refrain and that he should advised his family members to do the same.
It was also disclosed that under the bail conditions there was no condition for him to stay away from the complainant. However, Richards noted that it does not matter as there is a section in the Criminal Code that deals with such issue.
Farrell who is represented by Attorney-at-law Patrick Thompson will return to the magistrate´s court on February 12.
It is alleged that the complainant received a call from Farrell on October 1, 2012 around 11:30 pm, indicating that he wanted to speak with her. Prosecutor Benjamin said she inquired what the matter was and Farrell indicated that he had received a telephone call from someone, who indicated that she was seen with a short brown top at the top of The Baths with a man.
According to Benjamin, Farrell arrived at the woman's Virgin Gorda home and requested that she open the door, but when she opened the door she stood in the doorway.
Benjamin stated that Farrell and the woman started arguing and she attempted to close the door; however, Benjamin stated that Farrell grabbed the complainant and started to choke her.
According to the allegations, the woman managed to free herself, but while doing so Farrell grabbed her t-shirt and ripped it. Benjamin stated that Farrell struck the woman to the right side of her face with his fist and subsequently held onto her neck again and started choking her.
"As he did this the defendant felt her breath was leaving her body as if she was about to die," Benjamin stated.
The Senior Crown Counsel further indicated that the complainant raised an alarm and two other persons, a male and a female who were in the apartment at the time, came to her assistance.
According to Benjamin, the man held onto Farrell in an attempt to push him away from the woman, but a tussle ensued.
Benjamin said that Farrell pulled out a black gun from his waist, but the man held onto his hand in an attempt to take away the gun because Farrell was heading to the complainant.
Farrell eventually left the apartment and the police was called in. He was subsequently arrested and charged.