David St. Jean of Portsmouth, who was given a reprieve by the Court of Appeal of Eastern Caribbean Supreme Court (ECSC) after he was jailed for 25 years for the stabbing death of Clement “Johnson” James, has again been given another reprieve by the same court.
He received the sentence when he was found guilty of the murder of James in 2010.
In July 2012, the conviction was quashed by the ECSC on the basis that the trial judge failed in law, to direct or give proper direction, to the jury on self-defense.
A retrial was ordered and St. Jean pleaded guilty to the lesser charge of manslaughter, and was sentenced to 13 years in prison in June 2015, by Justice Errol Thomas.
When the matter appeared before the ECSC on Monday, St. Jean’s attorney, Wayne Norde, said that Justice Thomas erred in law when he imposed the 13 year jail sentence.
Instead, Norde argued, the Judge should have used the stated benchmark of 15 years and his client should have been jailed for 10 and a half years instead.
The Judge, he said, used the bench mark of 20 years and departed from the norm and gave no reason (s) for so doing.
The State, represented by DPP Evelina Baptiste, conceded on that point, but disagreed that the mitigating facts outweighed the aggravating view also shared by the Judges.
The ECSC agreed with Norde and varied the 13-year sentence to 10 and a half years from the time of his arrest in 2010.
The incident in which James, 53 of Good Hope, was killed took place back in 2010.
In a statement during the trial, St. Jean had told the court that 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 just defending himself.
The Court of Appeal of the ECSC is now sitting in Dominica.
what is self defence? i am thinking in my little mind that there is no way self defence could be mentioned in this case. the murderer the willfull murderer was the one who crossed the road to go on the other side to attack the man and a lawyer have to stand up in court and defend that. shame shame shame. to see these people getting away with all these heinous crimes.
I am sorry for the violence death of Clement James.
I hope the years that have been cut from David St. Jeans sentence will give him time to rebuild his life. God will forgive him if he truly repents and receives Christ as his Savior. His life can be made new by the power of the cross.
Clement James did not need to die because he was a homosexual. However, this is another sick example of the symptoms that show homosexuality is not normal no matter much people say it is natural. It is not an alternative lifestyle.
Homosexuals have sexuality distorted, out of context, and exaggerated.
A homosexual man sees another man on the street. Instead of greeting him in a normal way he pulls on his crutch and licks his lips. I am not saying a man would never do that to a lady but it would be rare and the man would be sick. This pathological behavior with all its variations is so common among homosexuals. It sure sets them apart
Sincerely, Rev. Donald Hill. Evangelist.
Assertive, Never Ever Aggressive!
what is the different between when a man kill and when a man sexually abuse a child?
When a man kill he goes free and when a man sexually a child he sentence for life.
judge when those layers come to defend their clients don’t side with them. A crime is always a crime
All those murderer like to appeal their case which I personally find its wrong
One cannot claim self defense when you willing cross a road to confront another human being. That is called pre-mediated murder, with intent to cause harm. The intent was there and obviously crossing the road to confront the deceased led to a confrontation that could have been avoided, by continuing to walk away on the opposite sided of the road.
This man will kill again. Not paying for his murderous act is a curse in itself. He is guilty as hell. And those who have lessened the charges against this THUG has blood on their hands.
Good to know my life is worth 10 years.
This guy should be lost behind bars for life! What message are we sending to those criminals?! That justice system has no justice!
What blows my mind is how the perpetrator (his lawyer , actually) successfully argued self defence. A person needs to sit in court and listen to ALL the evidence to form a proper view …. but it seems fairly clear the the attack and resulting murder was initiated by the perpetrator and motivated by homophobia. And I am ashamed to be a citizen in a land where something like that is taken so trivially.
If he wasn’t checking the guy he would not see he holding his crotch and licking his lips. He was also wrong to go after him on the other side of the street. He took a life he should get the maximum, many times they get lesser time and end up killing again. Self defense or not he took a life he still remains a murderer.
The fact that he went after him on the other side of the street. This does not sound like self defence
Also Mr. St Jean was carrying a knife capable of killing somebody. Is this normal
Are the streets of Dominic that dangerous 
If so it would have been wise for Mr. St. Jean to stay on his own side and ignore the lewd performance.
Sincerely, Rev. Donald Hill. Evangelist.
You are so right. Dominica’s justice system is non-existent.
I really wonder how many gay men in Dominica look at other men holding their crotch and licking their lips. That story just sounds so foolish. One thing for sure the blood of the man is on your hands doc. I rest my case.
Good is called evil and evil is called good…
Signs of the time…oh yes…very much in the last days…
Given a second chance to kill another person. Smh.
Well it look like is tit for tat we must do cause there is no justice in the court systems.
Yes smokie… You go be free soon.. good vibes
you’ll see the good vibes when he kill again
Man, you can get away with it or get a decreased sentence with the help of your attorney. God knows what you did and you will not escape His just recompense as you deserve.
You took the man’s life. It is the Commandment of God, “Thou Shalt Not Kill.”
Do not laugh and celebrate that you are given a lesser sentence or no sentence at all. You better think of this and know what is awaiting you beyond, even so as you age, if you live long enough..
As for your lawyer? He will find out later in life and at his death that he exerted all his energy to either lessen your sentence or receive none at all. Do you think that God is pleased?
The man, his client, murdered and he is walking the streets in freedom while he deprived the victim of his life. If it were not for the Law, do you consider what would have happened to him? On that day, both of you will meet the same eternal fate. God is patient!
Hush your “mowt” you hypocrite. Crooked criminal politicians you defend and cover but you immediately want to condemn others. Isnt Tony Astaphan doing the same crap you condemn bt other lawyers?
Where are all the people who like to say ” he who is without sin cast the first stone…” ?
Where them?
Now what if women in Dominica reacted the same way when they are looked at in a ‘sexual manner’?
The issue is not with the judgement so much as it is with the process… meaning the way the judge handled things.. “was quashed by the ECSC on the basis that the trial judge failed in law, to direct or give proper direction, to the jury on self-defense.”
Don’t know if ECSC out to get Judge Thomas, but I am seeing a pattern here… why dont you take in front Judge Thomas and learn what is the process they want you to follow so next time you can anticipate whatever throw at you…
Are these appeal judges serious? is this justice? a man confessed to walking from one side of a bridge to the other where he literally pulled out a knife and take another man’s life in broad day light without the man even saying a word to him and today he is basically being set free? it seems like its better to kill than to be caught with on marijuana cigarette or a gun. isnt this encouraging ppl to just go out there and kill? i hope when these situations will reach the door step of these appeal judges they wont sing a different song. everyone must now hunt and find the killers of their friends or families and face the court instead.
The man walked across the bridge to meet the deceased on the other side, yet he is claiming “self defense”. Where on earth one could consider this as self defense, only in sweet and nice DA. All u all had to do, was let him off to roam the streets for him to kill again.
While it is true that lawyers have to work with their clients, some of these cases are too glearing , at lease they should fill the pain of the families of the deceased
But what i hearing yhere na. Mr just walk acroos the bridge after he smoke his marijuana and just start calling the man buller when the man start talking to him back mr just pull a nife and start stabing the man just like that. But hear the mn defence – the padner was watchin him in a sexual manner???? I mean so that is legally permissible for a man to kill a mn now in dominica??? But mr shud be lost in jail . mr just kill the man just like that
If you read the first article on DNO, you will note he murdered the man in cold blood and the reason he stated. This man does not deserve to walk the streets of Dominica.
IT should be one of there family omg what dominica is coming to or have become people please tell me should i run out from this place called home that’s just why good thinking people not coming to this place I want to cry for DOMINICA
I intend to file a case with the court of appeal myself through my lawyer.I ask God for guidance in this endeavour.I also ask for the support of my country men particularly Police of the CDPF who have faced similiar circumsatances.I remember growing up with the knowledge that all our countrymen had us at heart but this is not the case.In my case i was demmed somewhat overqualified for my post.Today i know they need people with qualifications to fill vacancies.I NOW LEAVE IT WITH THE JUDGES.
why is it that those ECSC judges always find a problem with the trial judges sentencing these murderers in dominica? IS they have no respect the persons who have lost their life
They should all be fired. They do not deserve to be on the Bench. Their day is coming.
It hasn’t hit home yet.
One day the same law that is used to allow this young man to get away with such a senseless crime will bounce back towards those who represent this rubbish justice system…this murderer said that the man looked at him in a sexual manner ,then he crossed the road towards the deceased ,what is it to look at someone in a sexual manner? if this is what i am thinking of such a look happens every blessed day towards both sex. does that mean we should kill those who look at each other? i don’t think so.now as far as allowing the killer to do only such an amount of time in prison is a lack of total respect to the deceased ,his family and the citizens of dominica…this is not looking good at all for readers all over the world who asks where is dominica heading to?it’s a shame ,dominica is progressing in the reverse,sometimes i am wondering whether the gov’t is paying attention to what is taking place in the court…So help me God.
The punishment for killing a man in Dominica has just been reduced as long as it is a gay man.
Gay or not. I was appalled when I read the article on DNO about the murder of the man and considering the reason he stated that the man looked at him etc.,
His testimony was evident. The man did not touch him. He left where he was on the opposite side of the road and went after the man. This man murdered him.
Some of us may not approve of their lifestyle but we do not instigate, encourage nor condone the killing of anyone, whatever their lifestyle.
This man took justice in his hand. The Law must be fair and just to everyone in general. Otherwise why is there a Law in the first place?
everyone deserves a second chance in life regardless..especially if the person is genuinely remorseful. at any given moment any one of us could make a mistake or do something wrong..but we as human beings should be happy when a young man or woman is given a second chance regardless of what……God saw it fit to give him another chance at life
the disease never had a first chance and now youre giving the killer a second chance. It was not your son or brother. Wicked
He is a thug, plain and simple.
These folks need to get their act together. This is incompetence to the highest level. These judges need to know the freaking law. How did they get to be in these positions? I don’t understand!!
I have an idea. The thought crossed my mind, Run them out of Dominica.
This murderer crossed the bridge, walked towards the victim and stabbed him to death. Only in places like Dominica you could get away with taking the life of someone else’s family member for such nonsense. Somewhere else, you would have found your justice a long time ago and it would not be from a court of law.
But what is wrong with Dominica? Is it because Johnson was a poor man.
How could this killer walk across the bridge to Johnson and kill him and you …… judges and attorneys want to let him walk free. He will come back to hunt one of you.
God is a just God.
What nonsense you talking about he looked at you in a sexual manner?
WHYYYYYYYYYY?????? is this man still on the bench???????? everytime then?
So wait, if my maths correct that means Mr should be released by Christmas this year?!?!?! 10 1/2 years divided by two because one day is 1 day and one night is another day in this system. So it’s really 5 1/4 years (5 years 3 months from September 2010).