Delay in murder trial frustrates attorney

Norde is frustrated over the pace of the trial
Norde is frustrated over the pace of the matter

Defense lawyer Wayne Norde has vented his anger and frustration at the long delay in a murder trial involving his client Vivian Charles of Providence, Laudat.

Charles’ matter was committed to the High Court over one year ago for the February 18th 2013, murder of Richard Roy Lazarus of Trafalgar.

Lazarus’ body was, discovered about 30 feet in the bushes from the main road at Providence, in the vicinity of Laudat Village at about 3:00 pm on February 13th, 2013. There were multiple injuries on the body when it was found.

Shortly after, Charles, who was 53 at the time of the incident, was arrested and charged.

The matter has been adjourned on numerous occasions and on Tuesday attorneys representing the State asked the court for a further adjournment in explaining that they had difficulties locating the Cuban pathologist who performed the autopsy on the body of the deceased.

However, Norde was not amused and expressed his anger and frustration at the situation. He told the court that his client has been on remand for three years and he has been prepared for the matter now for over a year.

“I am angry and frustrated at the long delay in the trial…Vivian Charles has been on remand since February 2013 and has been committed to stand trial now for over a year and the prosecution is never ready when we are ready for trial,” Norde said.

He said he has always been ready for the trial but the prosecution has “never been ready”.

“Today we are again ready and the prosecution says the pathologist is absent and thus the Judge has granted an adjournment in the matter,” he said.

He believes that the matter can proceed without the pathologist being present and the prosecution is aware of what needs to be done in that regard.

He described the matter, “unfair and unjust” and believes that his client should have a trial date and his day in court.

“He needs to have his fair day, he needs his trial, the prosecution is the ones who brought him to the court, they need to give his trial,” Norde insisted.

Director of Public Prosection, Evelina Baptiste said she will not comment on the matter but said they are doing their very best to have that matter dealt with.

Meantime, the murder trial of Asha James which was also expected to start on May 17, 2016 was adjourned to May 24, 2016 while nine-member jury has been empanelled to hear the case of Mitchel Toussaint who is charged with the November 2011 murder of Alexis Toussaint.

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12 Comments

  1. Face the Facts
    May 18, 2016

    The Cuban pathologist’s report should provide the information to continue and end this case.
    All the same, it is a shame that Dominica has many murders. I keep asking, what happened? Those who murder are haters. They deprive their victims of their life. It is extremely serious when people are deprived of their life and murderers are still alive.
    I hope and also for the victim’s family that he receives justice for this murder.
    Think before you act and murder your fellowmen. Then you say you are sorry. This will not bring them back.
    It will not appease God who is saddened by all these murders, especially in Dominica, a once happy, peaceful and safe place.
    I recall those days in Dominica with nothing to fear. This is why some people say, bring back the good old days. If only.
    Eradicate the murderers. Their victims are six feet deep. They sent them to their eternal judgment. If we think of this, it is not easy to bear especially for the victims’ family.

  2. zandoli
    May 18, 2016

    The moral of the story is quite simple. Do the right thing and you will not have these things to worry about.

    I really can’t lose any sleep over people who don’t think through these things before they act in such profound ways.

  3. Papa Dom
    May 18, 2016

    What a show! I agree and as they say justice delayed is justice denied but there are so many things that he and his coleagues should talk about and they say nothing. Maybe this will give him the push he needs to talk about all the other miscarriages of justice in the country.

  4. Donk
    May 18, 2016

    Next thing now the state drops the case for lack of any evidence and the defendant looses 3 years of their life on remand just like that…no compensation or nothing…

    Be in the wrong place at the wrong time with no political friends or people of high repute on you contact list and you’ll see how the dominican judicial system will loose you in jail.

  5. Wheel again
    May 18, 2016

    That is the sad, sorry state of the justice system in Dominica.

    Let us hope that the ‘wheels of justice’ will grind much more effectively sooner, rather than later.

  6. jonathan st jean
    May 18, 2016

    More incompetence by the government and wheels which let government engine opperate.Irrespective what topic one examines,there is glaring incompetence,e specifically when law and order is looked at.When law and order breaks down,or there is a lack of faith in the system,the next level is anarchy.Skerritt you need to step aside for the sake of Dominica.Everything you touch goes bad so you are a bad person with dirty karma.All segments of the economy have performed negatively under your tenure.I dare you to revise the voters list and call for elections, you will be dealt a humiliating loss.It’s time for you and your dirty energy to be gone,so Dominica can be restored to good health.Imagine your party is involving Dominica in offshore accounts in Panama.Skerritt,how low can you go

  7. AAGabriel
    May 18, 2016

    The prosecution service in DA is a disgrace and the main reason why justice is not served in Dominica. Something needs to be done about that and soon. Why doesn’t the legal fraternity as a whole stand up against that? If the people in the prosecution service are incapable of doing their jobs the government should throw them out and replace them with people that can do the job. But I guess in DA it is not as easy as that because other considerations come into this process, namely loyality to the DLP and the regime.

  8. Winston warrington
    May 18, 2016

    What incompetence! DPP?

  9. Nonsense
    May 18, 2016

    What I can advise Mr norde is to get the same magistrate who expedited the ex-minister bail. He walked in the station and walked out in less than two hours. Seems only one set can get expedited preferential treatment

  10. duck1951
    May 18, 2016

    Agreed ! The speed with which these important and highly visible trials are processed is not fair to either the defendant or the victim . The problem is that there is probably no quick fixes for this We should definitely extend the High Court sessions. Otherwise we will never catch up .

  11. megso
    May 18, 2016

    For that matter if they cannot find the cuban , how can they be sure that the person has not already died .

  12. megso
    May 18, 2016

    So what would happen if the Cuban pathologist dies in the meantime?
    Surely He or She would have produced a report that would have been submitted to the Coort.

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