Sexual offenses are set to dominate yet another Criminal Session which opens with arraignment at the High Court in Roseau on April 14 at 9:00 am.
There is a total of 26 matters on the list with nine being of sexual nature ranging from buggery, incest, unlawful sexual intercourse to indecent assault.
There are also seven murder matters on the list with three set for retrial.
Set for retrial is the matter involving Soufriere siblings Herbert Xavier, Lauretta Xavier and Manuel Williams.
They were jailed for 15 years after they were found guilty of murdering their brother, Harrison Williams, in September 2010.
However in 2014, the sentence was quashed by the Eastern Caribbean Supreme Court (ECSC) after attorneys representing the three argued that there were many errors by the trial judge, Brian Cottle, rendering the conviction unsafe in law.
The Judges said the errors were a “clear miscarriage of justice.”
The three are now on bail.
There is also the retrial of Kenrick Tyson, who was sentenced to life behind bars for the murder of Cecil James in Concord on May 10, 2009.
In 2014 the ECSC ruled that the matter must be re-tried because the trial judge had “erred.”
Also on the list is the matter of David St. Jean, whose 25-year sentence was also quashed by the ECSC and a re-trial ordered.
St. Jean was convicted of murdering Clement James in September, 2010.
His attorneys had argued that the trial judge failed in law to direct or give proper direction to the jury on self defense.
On the list is also the matter involving Lisette Peter Thomas who was charged for causing death by reckless driving.
There are three matters involving wounding and causing grievous bodily harm and one for burglary.
During the session Kenroy Paul will be sentenced for drug trafficking and possession of a controlled substance.
The presiding judge will be Errol Thomas while Director of Public Prosecution, Evelina Baptiste, will represent the state.
Speak the truth at all times. Do no fabricate it.
It is too bad the ECSC threw those cases out. These people are free to walk the streets. Sorry, because they offended and committed murder, I would throw them all in jail and throw away the keys. If only this could happen, D/cans would live in peace and security. Too many commit those crimes and thanks to their attorneys could be acquitted.
Attorneys, God is taking note of your actions as you defend those people. You better commence your restitution to God with a humble and contrite heart and make penance and sacrifice. It will be left to Him to accept them as atonement.
All that money you receive for defending them will not buy your way to Heaven. Some of it is blood money. You have to leave it behind. God knows where your souls will end up.
I don’t get it . can some please explain why every ruling the judge gives it is overthrown by the higher court why so many errors . If every ruling has to be thrown out why waste time in the lower court I say go straight to the ccj and get the final ruling stop wasting time and energy in the lower court because the ccj throws out the ruling anyways .
It’s clear that we are living in a failed state. I say this because all of the legislation on the books against sexual offences and murder and the courts are still filled with cases of this nature.
We need re-visit our laws and the accompanying penalties, because obviously the present sentences are not deterrents.
so what the hell, these judges don’t know how to dot their jobs man. all these retrial because of judge error..
DNO – It would be an eye-opening exercise to publish an article with a list of all murders brought to court in the last five years and the results, to date.
It appears that there are too many retrials due to errors on the judge’s part. What happens to the judges in these situations? Could it be they are influenced to make errors that will postpone the case? Until a retrial takes place the accused is free to roam the streets (if on bail) and can pose a danger to others, especially those taking them to court.
The public should be aware of the rate of retrials/mistrials and length of time to judgement for charging dangerous crimes such as rape, assault, murder and grand theft.
How can 9 out of 26 be dominating?. Shouldn’t it be at least 14 out of 26? Just a query
9 out of 26 can be dominating. If the other offenses are distributed among many other crimes. That would mean that sexual offenses would have a greater percentage then any other single crime.
For instance:
Sexual offences-9
Murder-4
Wounding-3
Theft/Burglary-5
Kidnapping-4
The number of sexual offences MORE than doubled murder, wounding, and kidnapping.
It NEARLY doubled theft and burglary.
This is what they mean by “dominating”.
We live in a sin sick world. The good news is ” … … ..the blood of Jesus Christ (God’s) Son cleanseth us from all sin.” (1 John 1:7) His precious blood was shed on Calvary’s cross for every one of us. But each of us must personally believe it washes our sins away AND receive Him as our Savior. “…as many as received him, to them gave he power to become the sons of God, even to them that believe on his name.”
God alone can change the human heart and transform the Life. He can and He will do it for ALL those who come to Him. There is no sinner beyond the reach of His grace!
The Bible says “Therefore if any man be in Christ, he is a new creature: old things are passed away; behold all things are become new.” (2 Corinthians 5:17)
Sincerely, Rev. Donald Hill. International Evangelist.