Sherwin Fahie freed; retrial ordered in VG gun butting
Appeal Court Judge, Davidson Baptiste, ruled that a re-trial be done and instructed that Fahie be released on bail. Fahie was represented by attorney Marie-Lou Creque while the Crown was represented by Principal Crown Counsel Tiffany R. Scatliffe.
Fahie was convicted by a jury in 2012 and sentenced to 25 years in prison by High Court Judge Albert Redhead for an alleged gun-butt wounding of Kelbert George in Virgin Gorda in 2010. Fahie was on trial along with his girlfriend, Rasheda Hodge who was found not guilty of the same charge.
Justice Baptiste ruled today that the trial Judge, Albert Redhead, erred by not properly directing the jury on the critical issue of identification of the defendant, Fahie, during the trial. He said the directions to the jury on this issue were essentially confined to the sighting of Fahie appellant by the VC, George, at a gas station.
He said the trial judge failed to give the jury proper and adequate direction and added, “this we find to be a serious and fatal omission and accordingly, rendered the trial unfair.”
The jury deliberated for two and a half hours, according to Justice Baptiste, and returned to pose a question to the judge asking about a legal position that should be taken based on the evidence heard.
“The learned trial judge did not respond to the question but proceeded to recap the evidence proffered by the prosecution on the issue of identification,” Justice Baptiste said.
He noted that the question posed by the jury admitted that only one answer could be found, which was that the defendant, Fahie, should be found not guilty. Justice Baptiste said it was clear that the jury was having some difficulty with the issue of identification.
In rehashing the evidence, he said, Judge Redhead also failed to point out to the jury the weaknesses which were contained in the evidence given by the VC in respect to identification.
Apart from this, Judge Redhead found it necessary to remind the jury of the time of departure for the ferry to Virgin Gorda, where one of the jurors resided. Justice Baptiste said it was clear from this that it was coming close to the time of departure of the ferry.
Within eight minutes after going for deliberations again, the jury returned and found Fahie guilty on a 7-2 basis.
On the basis of the arguments presented in the appeal against the conviction must be allowed, Justice Baptiste said, adding that the conviction and sentence must be set aside.
A retrial was then ordered and Fahie was placed on bail the same terms and conditions as those during his trial.
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