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Herbert, Weekes freed
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| By: Terresa McCall, SKNVibes |
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BASSETERRE, St. Kitts – THE lengthy and drawn out legal processes which followed Calvester Herbert and Patrick Weekes officially came to an end on Thursday (July 23) when they were both released from Her Majesty’s Prison.
The culmination of the processes saw His Lordship Justice Francis Belle freeing the duo “for want of prosecution”.
At the beginning of the saga, Gerard Saddler was shot and killed on the night of September 4, 2003 and, during that same incident, Glen Liburd was wounded. Herbert and Weekes were taken into police custody and were subsequently charged with “murder”, “attempted murder” and having a firearm in possession with intent to endanger life”.
They were first tried during the January 2005 Criminal Assizes and the jury could not decide on the men’s innocence or guilt. Thus, they were taken back to Her Majesty’s Prison and during the following criminal assizes were retried and convicted on all three counts.
In late 2008, the men appealed the conviction and sentence which was heard by the Eastern Caribbean Supreme Court of Appeal and were overturned. The Court of Appeal ruled that the duo should be retried soonest.
During the recently concluded May 2009 Criminal Assizes, Herbert and Weekes were retried and, yet again, the jury was unable to decide on the pair’s innocence or guilt.
The debate that ensued was based upon legislation which provides for the Judge to submit his own verdict, and the question was whether or not that piece of legislation applied to this case.
His Lordship did not submit a decision, citing that to do so would be unfair to the men especially in light of the fact that, prior to or during the commencement of trial, they were not aware that their fate would rest in the hands of the judge rather than the jury.
Justice Belle ordered a stay of the proceedings until action is taken either by the Director of Public Prosecution (DPP) or by defence counsel, Dr. Henry Browne.
During Thursday’s sitting, Dr. Browne told the court he is seeking to ascertain the intention of the DPP regarding the remanded men. DPP Paulina Hendrickson indicated that she made no move in relation to the men.
Since neiter side moved or was moving to take steps with regard to the two men, Justice Belle freed them.
Calvester Herbert and Patrick Weekes spend approximately six years in prison prior to their release.
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