All charges have been dropped against a man accused of holding up a convenience store with a gun.
The Crown made the revelation today in provincial court in St. John’s in the case of Sean Frampton.
Prosecutor Sheldon Steeves told Judge Jim Walsh that the decision was made due to the store clerk’s inability to positively identify the suspect.
“It’s unsafe to convict, given the concession of the complainant,” he said.
He had faced charges of armed robbery, having his face masked, possessing a weapon dangerous to the public, breaching a recognizance and breaching conditions of his probation.
He was suspected in an armed robbery that happened Nov. 3, 2013, at Clara’s Mini Mart at the corner of Blackmarsh Road and Mundy Pond Road in St. John’s.
During the trial last week, the clerk told the court that she was behind the counter when a man came into the store wearing black and white skeleton gloves and a skeleton handkerchief over his face.
“He threw a small grey (plastic) bag at me and said, ‘All the money in the bag,’” she said.
“At first, I thought the gun was fake. I had never seen a real one before.”
She said as he was giving her the bag, his handkerchief slipped down to his chin, allowing her to see his face.
She said it was Frampton, that she recognized him from the neighbourhood, but only knew him by his street name, “Smash.”
When asked by Crown prosecutor if she was sure Frampton was the armed robber, she said, “I’m a trillion per cent sure.”
However, on cross-examination by defence lawyer Scott Hurley, she said she thought the robber’s eyes were blue. Frampton’s eyes were brown.