The freed men and Nolle Prosequi

By Stanford Conway
Editor-in-Chief-SKNVibes.com

Leroy Benjamin Jr.

The two men, along with William ‘Willy’ Benjamin and Shervin ‘Squeaky’ George, were jointly charged with the murder of Michelle Weekes-Benjamin (wife of Benjamin Jr.), whose partly decomposed body was discovered on November 1, 2006 in an incomplete septic tank of a three-storey Rosemary Lane building that was at the time under construction.

An autopsy revealed that she died as a result of asphyxia due to smothering. And according to reports, Weekes-Benjamin was last seen by her husband at about 11:00 p.m. on October 29, 2006 and concerns were raised by her co-workers at the National Bank when she did not turn up for work on the following day.

Some of the questions asked are: “Did the DPP make a statement in court? What is the reasoning behind the DPP’s conclusion? Is there a refusal by witnesses of any kind to come forward? Was the dismissal a result of a submission(s) by the accused lawyer(s)? Was the decision made solely by the DPP after reviewing the file? What was the circumstantial evidence (if any) that led to the arrest? How strong or weak is the circumstantial evidence? And, was the case handled poorly by those who investigated it?”

In seeking answers to these questions, SKNVibes found that according to the ‘Lectric Law Library’s Lexicon, nolle prosequi is “an

Khoy ‘Red Rat’ Jeffers

Further, a nolle prosequi may be entered either in a criminal or a civil case. In criminal cases, it may be entered at any time before the finding of the jury and generally after a True Bill has been found. 

A True Bill is a written decision of a jury, signed by the foreman of the jury, indicating that it has heard sufficient evidence from the prosecution to believe that an accused person probably committed a crime and should be indicted.

Additionally, a nolle prosequi may be entered as to one or several defendants, as in the case of Benjamin Jr. and Jeffers, and the effect of it, when obtained, “is to put the defendant without day, but it does not operate as an acquittal”.

This means that even though the two men were set free, they can be re-indicted, and even upon the same indictment, and a fresh process can be awarded.   ~~Adz:Left~~

The ‘Lectric Law Library’s Lexicon further explains that a nolle prosequi is now held to be no bar to a future action for the same cause, except in those cases where, from the nature of the action, judgment and execution against one, is a satisfaction of all the damages sustained by the plaintiff.

This media house also learnt that the DPP is not constitutionally obligated to state the reasoning behind her conclusion, unless she cares to inform the court and or the public. However, SKNVibes also learnt that had she done so, it may jeopardise the unfinished trial of the other two accused. 

According to Chapter Five Section 65 (1) c of the Constitution of St. Christopher and Nevis, “The Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do - to discontinue at any stage before judgment is delivered in any such criminal proceedings instituted or undertaken by himself or any other person or authority.”

Therefore, the DPP did not violate the law(s) of the Federation but acted as she saw fit in the murder case to enter a nolle prosequi for Leroy Benjamin Jr. and Khoy ‘Red Rat’ Jeffers.

SKNVibes was however unable to ascertain if the decision were made solely by the DPP after she reviewed the file, if it were circumstantial evidence that led to the arrest of the two men, and  if the case were handled poorly by the investigators.