David St. Jean, who was jailed for 25 years for murdering Clement James, had his sentence and conviction quashed by the Eastern Caribbean Supreme Court on Thursday.
This after his lawyers, Bernadette Lambert and Wayne Norde, successfully argued that the trial judge failed in law to direct or give proper direction to the jury on self defense.
The state has conceded that there were many errors by trial judge Bernie Stephenson.
A trial has been ordered in the matter.
St. Jean, from Portsmouth, was sentenced in July, 2012 for the stabbing death of James, a 53-year-old man from Good Hope.
During the trial St. Jean, in an unsworn statement, said he was walking on the Indian River Bridge about 3:30pm on Monday 20th September, 2010 when he observed James on the opposite side of the bridge “staring at me in a sexual manner while holding his crotch and licking his lips”.
He claimed he walked across the bridge to warn the deceased when a scuffle ensued between them and that he was defending himself.
On Wednesday the ECSC quashed the conviction of three siblings from Soufriere who were accused of murdering their brother. On Monday the Supreme Court also quashed the conviction of Kenrick Tyson who was convicted of killing a man in Concord.
More on this latest case later.
Papa Bondieu ! this is sending a bad message to the young bad boys out there .I over heard a young boy saying i will kill and i do not care i will be out in 2 years . I believe when u kill innocent people the blood will remain on your shoulders forever.
At the appeal court the judges there have to examine the directions given to the Jury and to determine whether theJudges give the proper directions to the jury for their consideration. When the Judges give the wrong, inaccurate or improper directions that is what is being appealed by the Lawyers. What you want the DPP lawyers to do if the judges make errors? They can only concede lest they incur the wrath of the court of appeal judges.
DA legal system? Big Joke.
“The state has conceded that there were many errors by trial judge Bernie Stephenson.” THE STATE AGREED that he should be released.
Two questions for DNO: Was it a trial that was ordered or a retrial? and secondly was Clement James from Good Hope or from Wesley? Am really shocked by the outcome of this appeal.To me this was a crystal clear case!!!
Well , well it look like if u want to kill go to dominica and u don’t have to worry about jail. America for them to come and do their nonsense and they will surely know what god they serve. Everytime, I hear a murder happen in da is walk away. What example are they setting? The world is watching. This is threatening our tourism industry…
they release my cuz yayyyyyyy
At the rate the system is going there all cases will be overturn!! who is next?
I like your fancy checkered shirt. But why the mask? I can immagine if you were asked to debate, you would lie down and play dead. Face-up, show your face in the place.
CCJ in my opinion will also do the same as the ECSC.
Oh my Jah, this is really terrible news :-( Legal system in DA is clearly failing- we need to match the rest of the caribbean, especially if appeals are made to courts outside of DA. We need to stop being substandard- else everything will be overturned! This guy deserves more than anyone to stay and rot in jail… Ah shate man.
What is wrong with our justice system in Dominica all these cases getting g squashed this judge was not qualified to do the job crazy crazy crazy he was just getting a salary and forming the fool
Any chance he could be ousted for incompetence?
“During the trial St. Jean, in an unsworn statement, said he was walking on the Indian River Bridge about 3:30pm on Monday 20th September, 2010 when he observed James on the opposite side of the bridge “staring at me in a sexual manner while holding his crotch and licking his lips”.
He claimed he walked across the bridge to warn the deceased when a scuffle ensued between them and that he was defending himself.
This is very disturbing. I am starting to think that there needs to be an investigation in the cases which are being dismissed by the ECSC to see if there is a disproportionate number of cases by certain lawyers who are represent those clients. One should not be able to claim self defense if they walk across a street to engage someone who they eventually kill. From his statement, he was the one who engaged the deceased. These Judges should be retrained and their credentials need to be double checked and tested. Too many murderers walking free due to Judges error. It is a conspiracy between these lawyers and judges. We need independent investigators to investigate the lawyers and judges.
One Love Dominicans!!!
The fact he walked across the street to the man, he was out for trouble. Another person would have ignored the man and if he persisted, he could have brought a charge against him but to kill him?
There is a saying, “Sticks and stones can break my bones but words can do me no harm.” Why did he not consider this? Now ECSC quashed his case. Let us see what will happen to him in the future or what he will do.
Oh my God….wa chubble dis?
Wow, Lord take control of this land.
its not a coincidence that the Caribbean have one of the highest crime rate in the world.
all what mr saying there is lie i was right there when all that happen.david is lying.david went on the other side of the bridge and attacked the man.sincea bit lower down david troubling the man calling him bougarer and the man neva watched or tell david nothing
You should have been a witness. This could have convicted him for life. Time will take care of him.
What a great big old mess…
You know what!!! just squash everything…
Someone loses their life and the judicial is making squash…
You’ll might have to fall back on the old law of Moses.An eye for an eye,a tooth for a tooth…
A licking of lips and touching of crotch = a life..
Ah ! ah ! Moses did not say that…
What ECSC did is not fair to others who are in prison. They might as well release every prisoner at Stock Farm and shut down the place.
What a great big old mess…
You know what!!! just squash everything…
Someone loses their life and the judicial is making squash…
You’ll might have to fall back on the old law of Moses.An eye for an eye,a tooth for a tooth…
A licking of lips and touching of crouch = a life..
Ah ! ah ! Moses did not say that…
We were told about the next level i guess that this is part of it
So who killed Clement James? Those fools on the bench need to wake up we are in 2014. Those stupid laws on the books need to be rewritten. Enough already.
Fire all the lawyers in the DPP office.They’re no good.the police prosecutors too.they are loosing all their cases.murderers,thieves,child molesters,drug dealers, etc all getting away because of lack of or tampering of evidence.
Isn’t that something? It is shocking. It is enough to get law-abiding nationals angry.
Dominica is becoming one BIG JOKE. We are becoming a failed state. All institutions are failing, including the justice system. People who clearly commit murder are getting away free on technicalities and worse still the State represented by the DPP is not putting up any defence and merely agree with the Appeal Judges.
What is happening here? ECSC, you allowed those convicted murderers to go scot free? How many more of them will you quash?
The families continue to grieve the loss of their loved ones who will never return. I cannot believe you quashed those cases.
The ones who are laughing are those who were convicted of murder and are now free. Stay tuned for more murders in D/ca and no convictions even though they are arrested and accused. It is a sad day/time for Dominica and law abiding nationals.
Let the blood of the innocent victims be upon the hands of those who are releasing criminals into our society. May the God of justice take vengeance for the shedding of the blood of these victims who are unable to defend themselves. In the mighty name of Jesus. Amen
Awa wi. One way or the other murders walking free in Dominica. Smfh.
Hmm…just now all voleh, mordara go, avioll going to ask for an appeal hearing….
Boi D.A is de best.
Lol lol its my country but its a clown country full of jokes.. The outside world are watching and just laughing
Big joke!!! It’s not my country again, kat-mem… I will come and display my privileges, but that’s it with this backward, upside-down, inside-out country. Shame on the court system. Why go to court to seek justice; when there is none? Pure BS.
I myself don’t want to be jury again. When those people comes out is you they looking for. Well Well !!
Both accused and victim were walking on either sides of the bridge, the accused left his side and walked to the victim to confront him , Now what is he trying to make me believe that he was defending himself and claiming self defense. This is unbelievable.
So now a days any one can kill another person ,no problem with that, but when its the prosecution’s time, every thing have to be to the “T” all “I’s”dotted and all “T’s”crossed. In other words there’s no sympathy towards the victim and family
ECSC and the defense lawyer have a severe problem. They are not fit to hold their positions. Dominicans know how foolish they are and it appears that they are not adequately fulfilling their duties.
Awa we Rex! Something is wrong somewhere!
When one takes a look at the results of the ECSC this week, it is clear that the government was on the losing side. To me, the ESCS wanted to make a statement against
the government of Dominica just before the election so that all would realize that the country is heading in the wrong direction.
That’s why we voted for the CCJ. We thrive on mediocrity.
I hoep smokey realises that he has gotton a second chance to fix his life and he will embrace it
I think that this is becoming a joke now. We need proper investigators and proper prosecutors in DA. Too many murderers walk free.
How can the prosecution or investigators be blamed? Please get some common sense. These matters have been overturned because of errors of the Judges. So ask the Court to assign competent Judges to Dominica. Both of them got blows from the Court of Appeal for incompetent work
The investigators not the problem.Is the judge.
Dominica needs a movement geared towards protesting when such humanitarian injustices come up. Libya did it, Egypt did it. The judges alone are not God, and should ashamed for lack of morals.
What happens to judges who consistently make errors? I am just asking as we were led to believe a couple years ago that only Tehani Behanzin made errors and so that was used as an excuse not to renew his contract. This week’s sitting of the Appeals court was an eye opener as it appears just about every conviction was overturned due to serious errors by our sitting judges (not magistrates by the way and definitely not Tehani).
they are sent to Dominica, which, truth be told is considered a backwater for misfits. God have mercy on us.
unbelievable….smh
Justice system in Dominica is a joke. So many cracks in the system. Some things never change. Sakway sot.
Aben weh!! It look like ECSC stands for Escaping Convictions San Cobin. Awa man!!
awa wi… these judges and lawyers etc.. are making too many juvenille mistakes… ppl getting away with murder in this country over technicalities… gotdam!!!!!
Self-defense or fake defense?
CCJ anybody?
Wait a while nuh…what happening dere. Votes they want man?
IKR…. Team Dominica want all lol lol lol
So what is this, these judges don’t know what they are ding?
Unfortunately, all of these overturns of convictions does not uttered very well for the Judges, the DPP Office and the judicial system in DA. It would appear that the ECSC is ruling in the appellant favor hence, the very reason why there is an appeal process. At the end of the day, we should be pleased to see that appeal process is indeed working whether we agree with the rulings or not and I am encouraged by that fact. .
Jon boy you yourself not checking your comment out of place? How would you feel if that was your brother who was killed? Man walks across bridge to confront a man killing him simply because he is a know gay man. And you have the audacity to comment that the system works because the murderer does not serve punishment? after-roll man Jon.
Un *******believable!!!!!
My sentiments exactly.