Despite strong resistance from the office of the Director of Public Prosecutions (DPP), murder-accused Shane Degallarie’s lawyer, Zena Moore Dyer, was able to convince Justice Errol Thomas to grant bail to her client.
Degallarie will have to go through another trial for the stabbing death of 19-year-old Justin Julian Joseph of Fond Cole in Pottersville on Friday April 23, 2010.
The Court of Appeal judges who sat in Dominica in June ruled that the first trial in 2013 was “a mistrial”.
“We are of the view that the appellant’s conviction of murder must be quashed because the learned trial judge misdirected the jury on self-defense as put out by Mr Degallarie,” stated Justice Thom of the appeals court. “The appeal is upheld.”
In ordering the retrial, the Court of Appeal judges noted that the court had to take into account a few basic principles such as the interest of the public being served, the interest of the community, and the family of the victim because it is a serious crime.
Moore-Dyer then attempted to secure bail for her client but this was strongly opposed by the DPP. Before his conviction Degallerie was on $30,000 bail.
The matter came up before Justice Errol Thomas late Friday afternoon July 24, 2015 and bail was granted.
The order for his release was signed the week of July 27, 2015.
As part of his bail, Degallerie is to refrain from any unlawful activities, is to report to the Roseau Police Station three times a week and is to remain home unless going to work.
He is also to stay clear of all possible potential witnesses of the prosecution.
The matter is set for retrial during the upcoming September Criminal Sessions in 2015.
To be convicted of murder in Dominica there must be high resolution video with audio. Your written confession and a copy of your birth certificate left at the scene smh.
Another partner, to join Shaba???? the system.
OMG Justin die in vain, hope your ghost hunt dat lawyer de jusdge and all those who promoting injustice.
His victim’s blood is on his hands. He cannot escape that.
The blood of those who were murdered is crying to Heaven for vengeance.
I would fear that man. Be careful especially Dominican women.
What has God got in common with a murderer?
If he repents and makes restitution with a humble and contrite heart, only then will God forgive him.
Only God knows if He will forgive him. This will be based on this murderer’s demeanor. God who reads hearts knows his heart.
Everybody getting bail den…FREE MONEY!!!
But that incident happened over 5 years ago and still the courts cannot arrive at a definite verdict in little Dominica? I don’t know if the young man is guilty or not but surely, to wait that long makes the case go stale and smell bad. And now he is out on bail? Can someone explain that to me please?
God watching you Zena Moore Dyer!
thats how it is kill, spend a few years out on bail and case squash. just like the tree from soufriere living large in mahaut
since day before yesterday i see mista out now allu coming with d shameful news
Ah boy… look comess in dat court system….
This is just to show how corrupt this country has become,this cold bloody murderer took a life.Five years now and the failed justice system again cant get it right,Dominica has a price to pay and the innocent will suffer for the guilty,these lawyers have it coming also,once he is out i home the victims family get their revenge.
We shouldn’t encourage repaying evil for evil. The court system is fallible they wouldn’t get it right every time. God looks out for the innocent, his justice may seem slow but he promises to bring an end to the wicked. Vengeance belongs the Lord.