Men freed despite alleged footage of Bog Walk Gorge breach

Two St Catherine men who were allegedly caught on video breaking a lock and forcing their way into the flooded Bog Walk Gorge have walked free, after the prosecution’s case collapsed because of unavailable witnesses.

Garth Brown, 45, a bus driver, and Glenroy Denton, 52, an excavator operator, were found not guilty in the Parish Court yesterday of malicious destruction of Government property and unauthorised entry into a restricted area.

The men were charged four years ago following the September 26, 2022 incident at Damhead, St Catherine.

When the matter came up for trial, the court was told that the officer responsible for handling the video evidence was absent. The investigating officer was also not an eyewitness to the incident.

Presiding Judge Desiree Alleyne chided the Crown for not being ready to proceed, given the serious nature of the allegations.

The court heard that the absence of the witnesses meant the prosecution could not proceed with a viable case, and the men were freed.

Their attorney-at-law, Alexander Shaw, argued that the defence of duress by circumstances applied, saying that although the men could have walked home, they risked leaving their vehicle behind to be vandalised or stolen.

The allegations are that on September 26, 2022, after authorities secured the floodgate at Damhead to prevent entry into the flooded Bog Walk Gorge, Brown and Denton were captured on video removing the lock and entering the restricted area.

An investigation by the Public Safety and Traffic Enforcement Branch led to their arrest and charges. They subsequently made numerous court appearances before being acquitted yesterday.

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