BASSETERRE, St. Kitts - THE case of murder brought against Calvester ‘Cally’ Herbert and Patrick ‘South’ Weekes was declared a mistrial last evening (June 8) after the empanelled jury was unable to decide upon a verdict.
Over the past week at the Basseterre High Court of Justice, Herbert and Weekes were tried for the September 4, 2003 murder of Gerard Saddler and the attempted murder of Glen Liburd. They were also tried for having a firearm in possession with intent to endanger life.
During the course of the trial, the prosecution, led by Barbados’ Sir Richard Cheltenham QC, sought to prove that both men were responsible for driving along Orchid Street and opening fire on Saddler and Liburd.
A couple of witnesses told the court that they saw Herbert in Weekes’ presence sometime before the incident occurred travelling in Herbert’s vehicle PA1119, and others were able to identify it as the vehicle from which the shots were fired. However, no one was able to place Herbert or Weekes on the scene of the crime. All witnesses, who said they saw the vehicle either at the scene of the crime or fleeing the area, could not say who the driver or occupants were.
After listening to three days of evidence, the jury was exposed to closing arguments from both the Crown and the defence, which was led by Dr. Henry Browne with the assistance of Hesketh Benjamin.
After trial judge His Lordship Justice Francis Belle gave his summation of the evidence and directions on the law, the jury retired for deliberations at approximately 1:16 p.m. and emerged more than four hours later.
The foreman informed the court that the jury could not reach a verdict and, on all counts, was divided (7-5) with respect to Herbert and (8-4) with respect to Weekes.
This case was first heard during the January 2005 Criminal Assizes and had to be re-tried as the jury could not reach a decision. The re-trial, which took place during the May 2005 Criminal Assizes, resulted in conviction and both men were sentenced to prison. In late 2008, the men appealed both the conviction and sentence imposed at the Basseterre High Court of Justice and the Court of Appeal ordered that the conviction and sentence be set aside and remitted the case to be tried yet again.
The Law Reform (Miscellaneous Provisions) Act No. 10 of 1998 Section 37A empowers the trial judge to enter a verdict if the first trial resulted in a hung jury and in the second trial, the jury, after a prescribed period of time, fails to arrive at a verdict.
“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.”
Justice Belle invited both the prosecution and the defence to prepare and make submissions based on this section of the law which will be heard on Thursday (June 11), after which he will decide whether or not that section is applicable to this case.
Herbert and Weekes were remanded to Her Majesty’s Prison until then.
In a brief and exclusive interview with SKNVibes, Dr. Browne, in response to the jury’s verdict, said, “Justice has been served.”
