Shane Degallerie, who was sentenced to 18 years in prison for the murder of Justin Joseph of Pottersville, is now a free man after the prosecution decided to discontinue the case against him.
Degallerie appeared in court on Friday and Director of Public Prosecutions, Evelina Baptiste, said a notice of discontinuance has been sent in the matter for want of prosecution.
The case was discontinued by High Court Judge Victoria Charles Clarke and Degallerie is now a free man.
Degallerie, of Pottersville, was accused of the stabbing death of Joseph on April 23, 2010 in a shop in Pottersville, after a quarrel.
After a full trial before Justice Bernie Stephenson, he was found guilty by a nine-member mixed jury.
He was sentenced on Friday, July 19, 2013, at the High Court in Roseau to 18 years behind bars.
However, his attorney Zena Dyer, appealed the matter alleging that the trial Judge made a number of errors in law and asked that the conviction be quashed.
Judges of the Eastern Caribbean Supreme Court (ECSC) upheld the appeal and a retrial was ordered.
The case has been before the courts ever since until it was discontinued on Friday.
If Shane didn’t do it (and I am sure he didn’t), who did it?
I would check out the same scalawags behind GON’s firebombing.
By the way, when is GON going to get his justice? Dr. Skerritt, can you update us on that (wink, wink :))
“…Zena Dyer asked for the conviction to be quashed” And so it was, just like that! It is no wonder there are so many unsolved crimes in our country and thugs continue to kill, rape, and roam free. Maybe they should offer more local channels and less of nonsense TV from America– too many copycats. Even dismissing case because of “too many errors”. Ki valeh error konsa zor pass dacour por mette messir lajorl? Stuppppesss. ummph, ummph.
I am sorry but this man should not be free, he should be scared of walking the street, these money hungry lawyers will make Dominicans take the law into their hands. If the deceased was my son or brother, I would contemplate ??????????
Killers, theif ,rapist, they all have to pay for there sins this will not go un punished by the father but the lawyers….the lawyers that defending murderers, theif, rapist, surely will be dealt with by the Lord almighty as well….letting these people walk free for money ……
Lets examine this matter a bit:
1. Degallerie was tried, found guilty and sentenced to 18 years.
2. His lawyer appealed, based upon ‘errors in law’ made by the JUDGE.
3. The court upheld the appeal and a RETRIAL WAS ORDERED.
4. Then, Degallerie was allowed to walk free ‘FOR WANT OF PROSECUTION’.
So the Judge screwed-up and the prosecutor failed to present the case for retrial and people blame the justice system! However, is it the system or those who are employed to act on behalf of the system, namely the original trial judge (Who made the errors) and the prosecutor (Who failed to submit the case for retrial)? Don’t you think these are the two who need to explain their actions and or lack of actions to the country?!
Free now, but one day he must answer for his crime. Rest assured that this day must and will come to pass.
I don’t believe this !! The DPP should be ashamed! The State, through the DPP, has failed the family of Justin Joseph big time. Salt has been poured in the pain of the family. But I remind the family that here is karma, and she is a bitch.
The Walking Dead! Fear The Walking Dead! Now we have The Walking Murderers! Soon there will be Fear The Walking Murderers! As Russian comedian use to say in America, “what a country.”
I think the judge that made those errors should be locked up too because he may well have caused a great miscarriage of justice., but of cvourse these learned people look after themselves first.
This is not funny…..This is exactly why crime is on the increase and murder has become a joke here……..murderers walk free………..We absolutely have to seek serious justice in Dominica………..or none of us will be safe as criminals continue to feel free to commit crime. The judicial system is sending the wrong message.
Weeping endures through the night but joy comes in the morning Shane you blessed
Why is it that every time the judges of the Easter Caribbean Supreme Court sits in Dominica they always find errors in the trial judge decisions? Its like these people are working for the devil the murderes always going free there is no justics in their judgement and no sympathy for the victim and his family
Justice for the victim by any means necessary !
So the Jurors were wrong too.????? SMDH….time will tell.
THE LAW IS DO UNTO OTHERS BEFORE THE DO IT TO YOU…..this is the message the dominican justice system is sending
Waiting for Dominica to do something right.
justice system? Nah- just this system
Not even making sense Police and court system get involve again… Just kill dem back and finish with that, no legal consequences either way. Is vigilante justice time now.
He was first found guilty…now discontinued “for want of prosecution? hmmm….something doesn’t sound right here….not good enough
Dem things there does really burn me.
And we wonder why our country is in de state it in.
All little boys playing gangsta and want to kill you for any little stupid thing.
And is because they know that nothing going to happen to them.
What “Justice System”?
But I sure if it was a member of their family the so-called prosecution would have made sure the case got re-tried.
Dam people doh give a damn about the message they sending to our young people in our society.
All dey know is that dey living well (very well) and when dey drive home in their latest model suv and dey switch on their 60 inch “smart tv” it was just “another day at the office. Who cares?”
But one day all you will care. It will be too late but all you will care. Remember: “the sins of the fathers…”
SMH… That’s why you have to adopt the law “Do Unto Others Before they Do Unto You”.
That’s why these violent crimes will continue to be on the rise in Dominica sadly because how can a criminal be set free for murder, free of any consequences!!! What message is this sending to the other criminals out there, oh I can do the crime but I’ll get a way with it! What kind of justice system is this???!!! Smdh Unbelievable!!!
Only in Dominica. I just can’t imagine what the victim’s family is going through for not getting justice for their love one. It is a very sad situation.
He walks free for now. Do not rejoice. Wait and see.
Criminals/murderers think they can commit such crimes and get away. Not for long. There is a God above taking note. You will receive your just recompense in time. It will be a worst one, for all eternity where there will be no getting out forever and ever.
Life is short and death is sure. The hour of death remains obscure. A soul you have, the only one. If that be lost, all hope is gone. . . .
I am not surprised..The more backward and badly governed a country is,the weaker is its legal system….This DOMINICA in which I live,is one of the worst country in the Caribbean to find justice…Good day/night to GON Emmanuel and Gretta..Six years waiting for justice.
And that right there is why murders and violence will continue unabated in this country. There is no justice for the victims and no accountability by the criminals. This is just the beginning of the anarchy and upheaval that is to follow in this failed state. Those who can run, run fast and don’t look back. Those who can’t run, please put in place a plan to protect yourselves and your loves ones because the government has no interest in protecting you.
Shane you are blessed. Now move on with your life. Don’t let those kind of people keep you down. Thanks god you are free , free like a bird.
Hmm . well all i can say to the family who lost their child God is always good. . And for the guy who is set free sue the government for wrongful imprisonment and i do not mean it in a good way for you .. That is damn nonsense now with the police and the justice system in Dominica
Safest place to commit Muder iS in Dominica the sisters in soufriere who brutally murdered harrison williams is another example of our justice system at work go Dominica go
What is the message the justice system is sending out there. When you have more murderers walking the streets, and crime can’t be solve, the justices system making error. I say I better kill then be kill and have my family come visit me instead, that be under the ground. I taking first chance on any man, because that how it is now.
Time and time again.. over and over. You commit murder.. u get a particular lawyer and you free. this is something in this country. You getting prosecuted for weed and going scott free for murder. At times like this i wish the dead could come back and torment them to hell
Great Job Miss Zena-Moore Dyer…. Alot if things are going to unfold for you.. Awaiting bigger and better things from u
He will strike again
Some evil sorcery took place ! this is highly ridiculous !!!!!!!!!!!
Why is it that finding justice the law apt to prefer errors in law over the search for truth as to why someone was murdered. Why is it errors in law made by a judge can absolve someone from murder. Why is it the errors of a judge cannot be corrected,get a new Judge try the case again, someone died because of the action of an other person. It would be interesting to see a list of the so called errors in Law that the judge made.This tells me Law is not justice and a trial is not a scientific inquiry into truth.
The DPP is overwhelmed by the job; we need capable legal executives!
That is how it is….some people scrape through through law school, some people sail through law school.
When was the last time “Justice was well served” in Dominica?
Boy, doh say that you making me feel sad thinking about it.
More knee talks.
Nonsense – As ive said, the safest crime to commit in Dominica is murder.
At the rate – Stand for people taking justice into their own hands, because your system is a FAILURE.
soooo true
How can a sitting judge who should be versed on the laws make so much errors that a case of such magnitude can be reversed? The other problem, how is it the public can’t be told what those errors were? It could very well be whatever but I think it should be made public. Are families now to stain their hands? The justice system needs to be reworked. The same thing happened with that Douglas guy although he had the right method to combat crime in the times we are in, but it was not in the law books so these guys walked away free.
Dominicans will have to do there own justice coming soon. Every murderer walking free.
Keep your head up and start your life VICTORY COMES FOR THOSE WHO BELIEVE IN GOD blessings Shane
You get me angry and no doubt other Dominicans. The man murdered another and you are bringing God in it? You cannot be a Christian to make such a comment.
This is blasphemous to God! You also will pay for this in time.
You talking about god blessing for a man who stabbed another man ?
This killer had better pray to his god that the victim’s family are also foolish praying people also.
People whilst you do not understand … Jehovah is one who gives second chances. Jonah was given. God is not like us and if he has given the young man a second chance, who are we to dispute that. God knows the condition of his heart that we do not know. He is a God of favour. Young man give God the glory and find your purpose . Be obedient to the one who freed you. It is the Great One who freed you not man.
I am completely disappointed with the judicial system in Dominica and this case is a prime reason. Why do we even have a jail in Dominican, obviously its not to keep the islands most violent and disgusting offenders. Do murderers, rapists, child molesters and other of the deviants ever spend anytime in jail? Is the jail only for petty thieves? What does it say to the rest of society when these people we know are guilty of such offenses go free. I am not a criminal but I have stated that if I were to ever kill someone I would do it in Dominica. As long as you can afford a lawyer you will not go to jail. Its a shame that I have to write that but I know of more murderers in Dominica walking free than are in jail.
What a shame that the police and prosecution could not do their work properly.Why and on what grounds was he sentenced in the first instance.Things are not right in Dominica.I’m glad that the justice system was fair to sticking to the law.Blackmoore and Carbon this one is you guys.Shame
Oh shut the hell up! The police did their part by arresting the accused and taking him before the court… u didnt read the article?? It is the court to be blamde not police! By the time something happens in the court people tend to blame police .. you all have no idea what stress these officers go through in finding those good for nothing criminals , prepare statement and facts.. get all tour witnesses togethere and at the end you getting the blame? How?? Stupes !! Is best u go and sleep.
Hahaha look kicks ?? Dominica is a real messed up place. Just laugh it off now
sickening
6 years for murder. Alrigt?
And 25 years to life for weed. What a Joke.
What is our justice system coming to? Absolutely ridiculous!!!