Smart Walks Free on Sexual Intercourse Charge with 12-Year-Old

A St. David’s man, 24-year-old Kim Smart of Mt. Agnes has been freed of all 3 counts of sexual intercourse with a minor.

24-year-old Kim Smart who was found not guilty of having sexual intercourse with a minor

The decision was handed down by high court judge, Justice Shiraz Aziz last week Wednesday after a 9-member jury found him not guilty of committing the crime at the end of his trial at the No. 5 High Court on Carenage, St. George’s.

Smart was arrested by police at age 22, after being accused of having sexual intercourse with a 12-year-old female.

The accused was at the time of his arrest undergoing studies in plumbing at the T. A. Marryshow Community College (TAMCC) and placed on bail in the sum of $4, 000.00.

A total of 3 witnesses were called by the Prosecution to testify during the trial in which the jury delivered a unanimous not guilty verdict after deliberating on the evidence for approximately 3 hours.

Speaking with THE NEW TODAY outside the court after being freed, Charles who was represented by experienced Criminal Attorney, Anselm Clouden, used the opportunity to give God thanks and praise for his freedom.

“I just want to give God thanks and praise because with Him all things are possible. Deep down I always knew that my innocence would stand and I just want to thank God for that,” he told this newspaper.

Now that he has retained his freedom, Smart said, his focus is to get his life back on track and to give testimony as to how good God is and what he has done for him.




Attorney Clouden, who was rejoicing in the moment, felt that the case was yet another “significant victory” in his long professional career at the bar.

Clouden also used the occasion to criticise some of his colleague lawyers for having developed the attitude of what he called a “guilty plea lawyer” in criminal matters before the court.

“The attitude that has developed in the country in recent times is that (there are) certain lawyers (who) plead everybody guilty (and) are known as ‘guilty plea lawyers”, he said.

According to the seasoned lawyer, when he took up Smart’s case some other lawyers had tried to prevail on him to “plead him guilty” in order to try and get a reduction in sentence.

He spoke of these :”plead guilty lawyers” advocating what he termed “a good year hearing” for his client since they felt “this is a charge that has to be pleaded guilty to.”

A Goodyear hearing is essentially an application by defence counsel on behalf of his client to have the court give an indication as to what maximum sentence the court would be minded to impose if the accused was prepared to plead guilty at that stage.

Clouden said that in looking at the case he felt at the onset that “there was not enough evidence to put this man (Smart) out…so I refused to plead guilty notwithstanding the invitation, the reduction in sentence”.

“There are a lot of lawyers in Grenada now that all they do is plead people guilty and I said, “no, there are grounds … this is an innocent man and I must fight his case and I put my trust in the Lord that justice would prevail and it did prevail,” he remarked.

The veteran attorney did not identify the “guilty plea lawyers” but is believed to be referring to some of them who appear from time to time before the court in its criminal jurisdiction.

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