Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Judge rules two men will not be tried a third time for murder
CHE BUTE and his mother Mavis Bute are reunited after 11 years mostly filled with separation
From the Courts
September 30, 2022

Judge rules two men will not be tried a third time for murder

HIS OWN views “notwithstanding” High Court judge, Brian Cottle last week ruled that the prosecution of two men accused of the shooting death of Redemption Sharpes resident, Lloyd Samuel will be stopped.

Bound by a separate older case ruled upon by the highest court, His Majesty’s Privy Council, Cottle ordered a stay in the prosecution against Che ‘Ragga’ Bute and Azari ‘Heffer’ Ash.

AZARI ASH comforted his mother who openly cried outside the High Court when he was released

The duo walked from the courtroom and into the arms of their crying mothers.

For the past 11 years they had been incarcerated.

The two men were first arrested on April 24, 2010, for the December 25, 2007 murder of Samuel. Their arrest was precipitated by the evidence of witness Uroy ‘Laybay’ Robinson who told the police that he was in the same house as the two men when he heard them plotting to murder Samuel.

They were convicted at their first trial in July 2011 for murder and several firearm offences and were consequently sentenced by Justice Frederick Bruce-Lyle to life imprisonment. They appealed the conviction and the Court of Appeal quashed it, sending the matter back to the lower court for a retrial.

When the second trial rolled around, the prosecution’s key witness, Uroy ‘Laybay’ Robinson had been shot and killed. The prosecution sought to have Robinson’s evidence from the first trial used in the second trial. Delays resulted because it was difficult to find a time convenient to all counsels.

“Eventually, the matter came on for trial on the 6th of November, 2017. This trial ended on the 20th of November, when the members of the jury were unable to agree on a verdict,” Justice Cottle noted.

Before another trial could be heard after the matter was listed again in 2019, counsel Kay Bacchus-Baptiste and Shirlan ‘Zita’ Barnwell objected to it.

They wrote submissions, applying for a stay in the prosecution. The prosecution responded, and the defendants replied.

The ruling on the application came last Friday, September 23.

After working through a number of legal arguments on several points raised by Bute’s and Ash’s lawyers, the Judge referenced a Privy Council case.

A judge in that case stated that “the complaint here was not just on the ground of delay, but also on the ground that it was quite wrong that these appellants should be put on trial, not for the second but for the third time after so many years. And, when one conviction had already been quashed and one jury had been unable to agree on a verdict.” Further, “It may be contrary to due process and unacceptable as a separate ground from the delay, that the prosecution having failed twice, should continue to try to secure a conviction.”

The combination of two factors caused the Council to stay the third trial in that case.

“I am of the firm view that this (murder) was a very serious crime. I am of the firm view that it is in the public interest and in the interest of justice that the matter be tested and the verdict obtained,” Cottle stated.

“That said, I am confronted by the decision,” of the previous Privy Council case, Cottle noted.

“I accept that each case must be looked at on its own merits but I struggle to find any grounds to distinguish the instant case,” he pointed out further.

“And so, my own views notwithstanding, I must follow the precedent laid down by the learned lord of His Majesty’s Privy Council.”

Therefore, “I concluded that the combination of two factors means that it would be contrary to due process to permit the continuation of this prosecution. I therefore grant the application and order a stay of the prosecution against both accused men.”

{"carousel":"Carousel"}
  • FacebookComments
  • ALSO IN THE NEWS
    Jones ought to be found guilty, says Prosecutor
    Front Page
    Jones ought to be found guilty, says Prosecutor
    Webmaster 
    October 3, 2025
    THE PROSECUTOR in a court case where Radio DJ, Christopher Jones, aka 2-Kool Chris, has been charged for wounding, has argued that Jones’ actions were...
    Defense counsel argues ‘2-Kool Chris’ acted in self defense
    Front Page
    Defense counsel argues ‘2-Kool Chris’ acted in self defense
    Webmaster 
    October 3, 2025
    THE LAWYER representing Christopher Jones also known as ‘2 Kool Chris’ in a wounding matter, asked the court this week whether his client was supposed...
    Free Movement Legislation gets full nod of approval
    Front Page
    Free Movement Legislation gets full nod of approval
    Webmaster 
    October 3, 2025
    ON MONDAY, September 28, 2025, Members of Parliament gave full support to two pieces of legislation having to do with the free movement of people amon...
    Prefab homes being erected in the Southern Grenadines
    Front Page
    Prefab homes being erected in the Southern Grenadines
    Webmaster 
    October 3, 2025
    SEVERAL ISSUES in the Southern Grenadines relating to land ownership and terrain have been identified as being responsible for slowing the government’...
    Flag raising and fireworks kick off Independence Month celebrations
    Front Page
    Flag raising and fireworks kick off Independence Month celebrations
    Webmaster 
    October 3, 2025
    A FLAG RAISING and lighting ceremony on Wednesday evening, October 1, 2025 marked the start of month-long activities to celebrate this country’s 46th ...
    PM concerned over growing US-Venezuela tensions
    News
    PM concerned over growing US-Venezuela tensions
    Webmaster 
    October 3, 2025
    PRIME MINISTER, Dr Ralph Gonsalves, has expressed concern about “dire consequences for our region” should there be any escalation in tensions between ...
    News
    PM concerned over growing US-Venezuela tensions
    News
    PM concerned over growing US-Venezuela tensions
    Webmaster 
    October 3, 2025
    PRIME MINISTER, Dr Ralph Gonsalves, has expressed concern about “dire consequences for our region” should there be any escalation in tensions between ...
    Maduro says Venezuelans are calm, but ready to defend themselves
    News
    Maduro says Venezuelans are calm, but ready to defend themselves
    Webmaster 
    October 3, 2025
    DESPITE THE PRESENCE of warships from the United States of America on its doorsteps, and at least one nuclear submarine, life goes on as usual in Vene...
    Dr Friday promises no victimisation under his NDP Administration
    News
    Dr Friday promises no victimisation under his NDP Administration
    Webmaster 
    October 3, 2025
    AS GENERAL ELECTIONS in St Vincent and the Grenadines (SVG), draws closer Leader of the Opposition New Democratic Party (NDP), Dr. Godwin Friday is pr...
    Lawyers to engage secondary school students as part of Law Week activities
    News
    Lawyers to engage secondary school students as part of Law Week activities
    Webmaster 
    October 3, 2025
    THISYEAR, as part of the local law week, students from six schools will be given the opportunity to engage lawyers on topics of their (students) choos...
    HR Executive and Leadership Coach launches bite-size advice series and online Hub
    News
    HR Executive and Leadership Coach launches bite-size advice series and online Hub
    Webmaster 
    October 3, 2025
    HUMAN RESOURCES practitioner, Karen James, last weekend launched her long-anticipated BiteSize advice series, a collection of nine impactful books des...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok