DPP says judge wrongfully dismissed case against trio accused of murder
Vernon Bernard, Rafael Harrigan & Maybelline Rodriquez were accused of murdering Trumayne J. Daway in February 2018
The Office of the Director of Public Prosecutions has launched an appeal against what it terms 'the erroneous decisions' of the Learned Trial Judge Richard G. Floyd that led to murder accused (from left) Vernon Bernard, Rafael Harrigan and Maybelline Rodriquez being freed in the High Court today, April 4, 2022. Photo: Facebook
The trio was accused of murdering Trumayne J. Daway aka ‘Passion’ in February 2018. Photo: Facebook
ROAD TOWN, Tortola, VI- The Office of the Director of Public Prosecutions has launched an appeal against what it terms “the erroneous decisions” of the Learned Trial Judge Richard G. Floyd that led to murder accused Vernon Bernard, Rafael Harrigan and Maybelline Rodriquez being freed in the High Court today, April 4, 2022.
No-case submission upheld
The trio was accused of murdering Trumayne J. Daway aka ‘Passion’ in February 2018. Daway was riddled with bullets while in his SUV at Brandywine Bay on February 28, 2018. The accused were also charged with illegal possession of a firearm.
Justice Floyd upheld a no-case submission submitted by the defence attorneys representing the three accused.
‘Erroneous decisions’- DPP
While not going into specifics, the DPP in a press release, said “these erroneous decisions in fact and in law led to the matter being wrongfully dismissed on 4th April, 2022.”
It stated that the Office of the Director of Public Prosecutions has the legal authority to appeal pursuant to the Criminal Procedure Ordinance Cap 18 (as amended).
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81 Responses to “DPP says judge wrongfully dismissed case against trio accused of murder”
So is this your first and only course of action now? Allow sensationalized headlines and expect that based on this the case will sound good publicly so this means you expect a win?
Assign a prosecutor to the case from start and that will make a big difference, the officers will know the points to prove etc and be guided from beginning
what the $%^&!!..may as well they let everbody out of jail if they goin free
shameful to see what our country have turned into
But that's a normal thing the police does do all the time (LIE) but nothing comes of it
He didn’t let go the police officers, that was a different judge.. as it pertains to the boy who won his appeal he been sitting in the jail for 5 years for a retrial, it is his rights ..
I hope this m**** trio gets theirs ASAP!!!!! What the hell was this judge thinking?
just like RVIPF
Traffic offence, good to issue tickets but major criminal conduct is getting worst
Tremaine family should sue the government for miscarriage of justice and incompetence of the dpp .
This place is sick and getting more sicker by the second. What a shame. I know one thing, as a private citizen, I am going to arm myself because they are allowing killers out of prison. The Santo W….e and her sidekicks allegedly lure a man to a location, riddle him with bullets and get to walk back on the streets?
Garbage in
Garbage out (talk that
The DPP simply prosecute matters using the exhibits from the police investigations
It is becoming evident that the presidentation of evidence secured by the police not worth the paper it’s written on
Stop pointing fingers @ DPP & ask the commissioner and his group to do a better job and stop rushing for convictions or simply to have press conferences to look good in the eyes of the public
Big time press bulletins by the commissioner but on court day every man jack walking free
The DPP simply prosecute matters using the exhibits from the police investigations
It is becoming evident that the presidentation of evidence secured by the police not worth the paper it’s written on
Stop pointing fingers @ DPP & ask the commissioner and his group to do a better job and stop rushing for convictions or simply to have press conferences to look good in the eyes of the public
Big time press bulletins by the commissioner but on court day every man jack walking free
-God Bless .
She stated that “only the DPP could commence, take over or discontinue criminal prosecutions.”
While testifying before the SFC last year, Scatliffe-Esprit made it clear that her Department is a constitutionally independent body and is not subject to any other person or authority. She stated; however, that it did not mean that it was independent of the Ministry of Finance or the Department of Human Resources, and had to liaise with them with regards "to staffing and financial matters".
The first Virgin Islander to hold the post of DPP noted that she further clarified that bail, Legal Aid/Public Defenders, Administration of the Courts (sentencing decisions, decisions made by the Courts) matters of parole, and issuance of Firearm Licenses were not in her purview. In addition, the DPP corrected some common misconceptions about the department. DPP Scatliffe-Esprit said her office is not a part of the Attorney General’s Chambers; not a Government Office, but a law firm that is a part of Government.
‘Only I can Prosecute’- DPP
She further stated that “no person or authority can tell the DPP who to prosecute, what to prosecute, or what to discontinue; the decision of the DPP in whether a matter is prosecuted and how it is prosecuted is final and not subject to review or appeal”.
Mrs Scatliffe-Esprit noted too that her office is not an investigative body, it is a “prosecutorial body and will only commence criminal proceedings upon receipt of a case file from a law enforcement agency, and there is sufficient evidence and it is in the public's interest,” according to the SFC report released to the public by the House of Assembly.