Supreme court orders retrial of Concord murder case

Tyson was sentenced to life behind bars
Tyson was sentenced to life behind bars

Judges of the Eastern Caribbean Supreme Court (ECSC) on Monday October 10, 2014 have ordered a retrial, before a different judge, of a murder case involving Kenrick Tyson.

Tyson was convicted of murdering Cecil James on May 10, 2009 at Concord and on March 28, 2012 he was sentenced to life imprisonment by Justice Bernie Stephenson after he was found guilty by a nine-member jury.

The judges said the trial judge had “erred” in her failure to recognize that Nasha Daniel was an accomplice in the matter based on the evidence before the court.

Daniel was the state’s key and main witness during Tyson’s trial.

A summary of the facts of the case are that on the night of May 9, 2009, Tyson, along with his then pregnant girlfriend, Daniel, walked from the heights of Sinekou in the Carib Territory to the premises of Hibiscus Valley, a small hotel property located in Concord.

There they waited in a shed for James, who lived in a one-room cottage on the premises.

In the early hours of the morning of May 10th, Tyson and Daniel entered the cottage and hit James on his head a number of times with a piece of wood that was picked up outside the cottage, killing him.

Tyson maintained throughout the investigation and trial that Daniel had also struck the deceased.

According to the court doucuments, Daniel remained with Tyson throughout, assisting him in stealing items including a vehicle.

However, Daniel was never charged and she became a key witness for the state.

After Tyson was convicted, his attorneys, Wayne Norde and Bernadette Lambert, appealed on the grounds that the trial Judge misdirected herself when she failed to give the jury proper directions as it relates to Daniel, who was an alleged accomplice to the crime.

The supreme court judges, Louise Blenman, Gertal Thom and Mario Michel, upheld the appeal and ruled that there “is a clear case of an accomplice and a powerful case for a Judge to give an accomplice direction.”

“The trial Judge’s failure to give an accomplice direction is fatal,” the judges stated, noting that the trial judge ought to have explained in “clear terms what’s an accomplice in law, its effects and give clear warnings to the jury.”

As a result, they have ordered a retrial in the matter.

Tyson is an inmate at the Dominica State Prison.

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15 Comments

  1. The Facts
    November 12, 2014

    Lives are precious and we should protect and preserve them at all costs. It is so sad that people murder others, sometimes for very little and what we term as nothing. These people are heartless to commit murder. Murders could be committed for the simplest matter.
    Why kill people? They want to live and escape the arms of justice yet deny others their right to their God-given precious allotted life. It is a serious matter to take the life of others. Accomplices are equally guilty. A life gone can never return. This is painful for their families who are mourning their loss. Their pain do not quell as the years progress.
    In the case where the victims are breadwinners, families are also deprived of their livelihood. This is why those who commit murder specifically if it is premeditated, should be severely punished.
    Accused and convicted murderers should never be allowed to ever walk the streets again. There are times the Law is too lax. A strong message should be sent out, loud and clear that murderers have forfeited their rights to freedom since they denied their fellow people their right to life. Even though they are imprisoned, they could never fully pay for the murders they committed. How can they make up for murdering others, taking lives?
    This summer in Toronto, although the weather was not hot and humid as in some former years, nearly everyday there have been a murder or two up to this weekend. It is shocking.

  2. The Facts
    November 12, 2014

    The Chief of Police stated that September was the worst month. Those people are too freely committing murders which are escalating. Some people have no regard for the lives of others.
    Sadly, when their case is heard, their defense attorneys successfully get a few acquitted only to return to walking the streets. God will also take care of these. We never know if we are standing, walking or shopping near murderers. We also never know who will meet with this fate and innocently.
    When the earthly Law hands down its verdict and sentence and is finished with them, the Law of God’s Justice will take care of them when they die if they do not repent with a humble and contrite heart and make reparation in whatever form, to appease the wrath of God and his just punishment and recompense. I hope someone will make them aware of it. Otherwise, it will be a sure eternal Hell for them.
    St. Paul said: “No murderer will (ever) enter the Kingdom of Heaven.” Do not delude yourselves otherwise.
    Read this Christians and practicing ones at that. This also pertains to those who hate others. It is murder from the heart. For those who do not know that or ignore it, take note that your hatred of others is murder from the heart and displeasing to God for you know Our Lord commanded that “We love one another.” Therefore, it is a grievous/mortal sin to hate others and to murder them. It is murder in a different manner. All grievous sins and inexcusable.

  3. The Facts
    November 12, 2014

    I am trying to figure out why they went out of their way and murdered the man and stole his belongings? What did he do to them?
    As for the woman, she was pregnant and she got herself involved in this? If she was an accomplice in his death, she is a bold, heartless woman.
    It is six years ago and her child, if alive is in that age category. I hope this will not have an effect on the child even though not born when she assisted in the death of this man. The sins of the parents follow the children.
    She was not tried because the testimony she gave was, she was not present in the room when he murdered the man although she witnessed it. Now he is implicating her. Once there is an accomplice or supposedly so, they never go down alone.
    God and themselves know if she was involved in killing the man and giving him the last blow. Let us see if she will stick to her testimony or not. Let justice prevail.

  4. Help Lord
    November 12, 2014

    Bring back the death penalty. A criminal is a criminal, only God could change her/she. The woman is just as bad. Dominica need serious justice, too many crimes are being swept under the rug. We are all going to pay for it sooner or later. It is like rearing a child. If we don’t correct them from small, eventually that cute baby/child is going to shame us.

  5. unbelievable
    November 11, 2014

    Daniel not competent to stand trial. That wont fly.

  6. November 11, 2014

    Often we hear that when America sneezes we catch a cold. Why doesn’t that apply when it comes to law, criminality and justice? I am sorry to say so but I have to. Our magistrates and judges are wholly responsible for the state and level of criminal behavior. How can a trial judge direct a prosecution on who should or should not be brought before her. She deals with who is before her. It is now up to the prosecution to bring the accomplice to justice. Then the judges will turn around and say that the time spent in custody awaiting trial and a new trial is to be taken in account in sentencing and sentence the criminal to time served. I will never feel sorry for these officials when they are attacked. Seems like they didn’t learn anything from Justice Monica Joseph. seems like law abiding citizens have to decide that they are not leaving justice to the judges since the criminals are rewarded for their criminal acts. After five years a man convicted for murder is back in the road and ready to kill again. The police work seems to be in vain. They work so hard at solving crimes just for the judges and magistrates to slap the criminals in the wrists. Seems line they need to feel what the law abiding citizens feel at the hands of criminals so they can dish out justice.

  7. Anonymous
    November 11, 2014

    :lol: :lol:

  8. SMH
    November 11, 2014

    Always wondered why she was never charged. She was the one that brought him there!

  9. Papa Dom
    November 11, 2014

    Will a lawyer please explain to me, how a person who “was never charged” comes into the sentencing picture. I don’t believe the trial judge had any obligation to instruct the jury on accomplice. If the state entered into an agreement with the accomplice then any criticism should be directed against the DPP.

  10. BEB
    November 11, 2014

    All what’s to be done now, is put the woman in the box , charge her for murder,the crime they committed has no statute limitation time.

  11. 4-cars
    November 11, 2014

    “The trial judge’s failure to give the accomplice direction is fatal.” Wow!!! “Fatal” you call it? :lol: A new dictionary meaning of fatal.

  12. Candle & it's Light
    November 11, 2014

    I agree with the supreme court. Daniel courir like Ambrose, but will she be able to courir this time. Time will tell. There is a Lord above.
    To all those seeking Justice, just hold strong and pray for change.

  13. B.E.B
    November 11, 2014

    All they had to do, is put Nasha Daniel on the stand now,charge her or I would think that the statute of limitation is expired, not in a murder case, I don’t think that there is limitation

  14. Patriotic
    November 11, 2014

    hmm

    • Anonymous
      November 11, 2014

      hmmmmmm

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