Defense counsel in the Kenrick Tyson murder case, Bernadette Lambert, has expressed “disappointment” in the decision of the jury who returned a unanimous verdict of guilty after deliberating for well over three hours on Monday.
Tyson was charged with murdering Cecil James in 2009 in Hibiscus Inn between May 9-10. He was found guilty by a nine-member jury and jailed for life by Justice Bernie Stephenson.
But Lambert appealed the matter and the Eastern Caribbean Supreme Court (ECSC) quashed the conviction and ordered a retrial after concluding that errors by the trial Judge were “fatal” and rendered the conviction “unsafe.” A retrial was ordered.
“We are disappointed in the decision…but it is the jury’s decision, we will get instructions from our client and decide on the way forward,” she said.
She also explained that it was too early to speak on the issue of the summation of the judge.
“We will be asking for the transcripts and read it over to see if there are anythings in it which we can use for an appeal,” Lambert said.
On the other hand, state attorneys attached to the office of the Director of Public Prosecutions (DPP) Sherma Dalrymple and Fernillia Felix expressed “joy” at the outcome.
“We had a strong case, it was not easy but we worked hard and did a lot of research and we are very happy and pleased with the outcome. It was our first murder case and given the fact that it was a retrial, we had to work extra hard at it,” Dalrymple told the press minutes after the verdict was announced.
In her summation of the case Dalrymple told the jury to look at the inconsistencies in Tyson’s statement that he gave to the police and what he said from the prisoners dock. She also asked them to look at his actions when he was approached by the police days later.
She urged them to view Nasha Daniel the State’s key eye witness as “credible”
“Nasha Daniel was questioned extensively,” she said. “You saw her, she was honest, consistent and credible. She presented herself to you as a submissive woman who saw what happened at the age of 15 years and was 2 months pregnant.”
Tyson, Darlrymple told the jury, murdered Cecil James with no justification.
However, Lambert rebutted calling on the jury to treat the evidence of Daniel with “circumspect and a pinch of salt.”
“She is a witness who has an issue…she was unhappy in the relationship and wanted a better life. She played a critical role in the matter; she participated,” Lambert said.
While cautioning them not to speculate, she questioned the absence of a report from the pathologist and an autopsy which was done on the body of the deceased.
“The prosecution has not made out a case to you, Tyson has nothing to prove, the prosecution brought him there and based on the evidence provided, I urged you to find him not guilty,” she said.
Tyson will be sentenced on May 22, 2015.
Sound like miscarriage of justice to me. Sounds like they are innocent. This case needs to be dismissed
(Me as Bernadette Lambert) “What else all you want me to say nah? De man pay me to defend him so I have to defend him.” “Every-one is innocent until proven guilty under the law. Now excuse me please”.
You cannot blame the defense lawyer because they are paid to defend. My problem is the law of the land and the people that gets paid to write them.
You know any citizen of the Dominica, educated, enough and capable can propose and write a law, and petition to have it tabled and debate in the parliament of Dominica, the parliamentarians debate it and votes on it. It passes it becomes law and placed on the books.
It is as simple as that! The drunk driving law in California was written by a simple citizen of the State. One night he was caught driving drunk on the 110, Pasadena Freeway.
When the arresting police officer read him his right’s and quoted him a section of the drunk driving laws of California, the drunk driver informed the police ” I know all about that I wrote it.”
So there is no big deal about writing and tabling a law, perhaps it is in Dominica!
You made me laugh.
Did he really write that Law? Yet he disobeyed it? He who wrote it and did not obey it should be more severely punished.
I think I could write a few Laws. There are many negligent drivers. I once telephoned the Traffic Department in Toronto and reported careless drivers; no specific person mentioned. I stated, a camera should be placed at a certain busy corner and that the City could make a lot of money. I was informed that the cameras are switched to different streets. It surely has never been on the street that I spoke of.
One day I plan to write to the head of that department with a copy to my MPP. I still have the telephone number and the date I telephoned that department.
After some years, some Laws should be revised. This is a typical one of abuse and rape of children.
“In her summation of the case Dalrymple told the jury to look at the inconsistencies in Tyson’s statement that he gave to the police and what he said from the prisoners dock. She also asked them to look at his actions when he was approached by the police days later.”
The prosecution is the one to prove, so their case should rest on their evidence and not what the defendant says or his actions when approached by the police. The onus of proof lies on the prosecution beyond a reasonable doubt!
Witness to him about the love of Jesus. It could be that God is sending him to Dominica to get saved, so instead of protest action let us do some preaching action. show him how much Jesus love him and cares for him and wants to save him. Jesus never chase away people or demonstrate against them. He embraced them and taught them stop being so selfish Preach the Gospel to him.
Those in those days obeyed Jesus. Those of today do not care one bit. Still give them Jesus. The problem is some use too much psychology and speak in diplomatic terms. They must be told as it is and the repercussion of their actions.
As St. Paul said: “Scare them!” Good old St. Paul who was persecuted and killed for the faith. I love his words. He surely did not mince matters of the faith. This is how we should teach.
Our Lord said: “Hear and understand. Who has ears ought to hear.”
lol he’s speaking about alkaline
Works, these Lawyers are worse than green house gases polluting the world with murderers, why should a human killer receive bail, when they should be put to death by hanging, let me tell you defenders of criminals, is because they only thing in your mind is money so all you can drive in the most luxurious vehicles, well dark up with BLOOD MONEY, The LOVE OF MONEY IS THE ROOT OF ALL EVIL WHEN SOME OF RUN GREEDILY AFTER WE BORE OUR SELVES WITH MANY SORROWS. When the Judge find a person guilty by the mouth of 2 or 3 witnesses God said to hang them and bury them the same day so that our country could be cleansed from bold. I appeal to all those who love our country to support the capital punishment. In my opinion that is what the DAEC Dominica Association of Evangelist Churches should demonstrate about. not a little man coming to do a show, that will not affect 3/4’s of our population. I think that what you should do is when he comes here make an appointment with him and go out and…
Why are we in the Caribbean region taking so long to obey Gods word. And bring back the GALLOWS, reintroduce the hang man, that is the only thing that will satisfy God Almighty. The Bible clearly teaches that whoso sheddeth mans blood by man shall his blood be shed, and that is because man was created in the image of God and the blood of God flows through the veins of man, when JESUS BLOOD WAS SHED IT GAVE ETERNAL LIFE TO ALL WHO ACCEPTS HIM AS LORD AND SAVIOR. When innocent People’s blood is shed it pollutes the land that God has given to us to live happily in. and the only thing God accepts for the life of those that is MURDERED IS THE DEATH PENALTY. Why should Lawyers think that they are more qualified than the creature, by being dissatisfied when a MURDERER is found Guilty. Be sure you defense lawyers, who goes all out to set criminals free your Judgment day is at hand, and you shall not escape the death penalty from Almighty God. If you don’t repent now from all that wicked…
So… the sixth commandment means nothing to you??
I wonder if I will ever woke up from sleep and listen to a media house, declaring Dominica a lawless state? I can’t believe after a man enters another man’s home, beat the hell out of him, girlfriend testifies against him as to what she witnessed, which resulted in his death, for any right thinking person, whether you are a lawyer, judge or whatever else, to say you are disappointed with a guilty verdict. Too me, I do not know what else to read and digest. Wait until it happens to a direct member of your family, that’s all I will say for now.
That defense lawyer is something else, papa!