BASSETERRE, St. Kitts – EXPECTATIONS that yesterday’s (July 16) High Court session would bring an end to the Calvester Herbert-Patrick Weeks saga were not fulfilled, and the duo have to wait yet another period before finding out whether or not they would be freed and when.
The lengthy episode which brought the duo to this stage began in 2003 when they were accused of committing the shooting murder of Gerard Saddler, attempting to murder Glen Liburd and having a firearm in possession with intent to endanger life.
They were first tried in March 2005 and the jury could not decide on their innocence or guilt. The couple were remanded to Her Majesty’s Prison and retried months later in July of that year. That jury found the men guilty and they were sentenced to prison.
Late last year, the men appealed the conviction and sentence of the High Court and the Eastern Caribbean Supreme Court of Appeal overturned both the conviction and sentence and ordered that they be retried. The retrial took place last month and, following hours of deliberations, the jury was unable to agree on a verdict.
The difficulty which this situation presented was what action should then be taken; whether the judge should exercise the powers given to him under Section 37A of The Law Reform (Miscellaneous Provisions) Act, No. 10 of 1998 or not.
That piece of legislation explains that, “In any proceedings where the jury fails to agree and there is a second trial in the same case and no verdict is delivered by the jury within four hours after the conclusion of the summing-up of the presiding judge at the second trial, then the judge, if he is satisfied that there is no prospect of the jury agreeing, shall enter a verdict, except that he shall give reasons for the verdict entered by him,”
While the Director of Public Prosecution (DPP) felt that all the criteria necessary for that piece of legislation to be applicable were satisfied, defence counsel Dr. Henry Browne disagreed and noted that “unless it is demonstrably clear that no jury, based on the facts, could arrive at a verdict, Your Lordship should not impose your verdict”.
Yesterday, when the men were taken back to the court, His Lordship Justice Francis Belle informed them that he would be entering a verdict and ordered a “stay of proceedings”.
In an exclusive interview with SKNVibes, Dr. Browne explained that the men ought not to be tried again as this would constitute “an abuse of process”.
“For Herbert and Weekes, Mr. Benjamin and I applied for a permanent stay of proceedings in this criminal matter on the basis that to further prosecute these two men will constitute an abuse of process. The judge has a discretion under 37A…to enter a verdict in as much as the jury after two trials could not arrive at a verdict. In exercise of his discretion under the law, the judge properly, in my view, caused the stay of proceedings. The men, therefore, would be entitled to their freedom when the formalities have been perfected.”
The men were sent back to Her Majesty’s Prison where they await further word. SKNVibes understands that, at this stage, the DPP can enter nolle prosqui applications for both men.
