WESTERN BUREAU

A 32-year-old St. James taxi operator who was accused of stealing a Nokia cellular phone from a five-year-old child had the case against him dismissed in the Montego Bay Resident Magistrate's Court on Friday.

Tedroy Mitchell was released after he explained to RM Wilson Smith that the phone was left in his car and he held on to it in case the owner came to claim it. He has been languishing in custody since his arrest on June 16.

Mitchell said that no one ever asked him about the phone and so it remained in his vehicle. He said he was the one who told the police that the phone was in his car.

"If me did tief a phone your honour, you think me would have it in mi car?" he asked. "Ah mi tell the police seh di phone inna di car."

Allegations are that on June 13, the child boarded his taxi on her way to school. When the child reached her destination, she told Mitchell to stop. It is further alleged that he refused and closed the car doors.

He took her some distance away and took her cellphone from her bag before driving off. The child relayed the incident to her mother. Mitchell was arrested three days later and the phone recovered from his car.

RM Smith told the investigating officer that every effort should have been made on the day the incident was reported to find the accused.

"People leave things in taxis all the time and this is a very young child and if she knows that she could get in trouble (for losing the phone) she will create a story, so every effort should have been made to find this man," he said.

"You may go," he then told Mr. Mitchell.