Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • 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
    Searchlight switches off!
    Front Page
    Searchlight switches off!
    Webmaster 
    September 25, 2026
    What is the atmosphere like in a newspaper production workplace on the final day, not of regular work, but the end of the road of publishing the paper...
    Sisters provide parting gift to Searchlight
    Front Page
    Sisters provide parting gift to Searchlight
    Webmaster 
    September 25, 2026
    Sisters Keeta and Kimmette Robertson, dropped in on SEARCHLIGHT on Thursday, September 25, 2026 in the topsy-turvy of the final day of producing the n...
    Elections petition  case resumes Monday
    Front Page
    Elections petition case resumes Monday
    Webmaster 
    September 25, 2026
    The election petition case which challenges to the parliamentary eligibility of Prime Minister Dr. Godwin Friday and Foreign Minister Fitzgerald Bramb...
    Nicolas is not a member of Cabinet says PM Friday
    Front Page
    Nicolas is not a member of Cabinet says PM Friday
    Webmaster 
    September 25, 2026
    Prime Minister Dr. Godwin Friday has dismissed claims that Nicholas Friday, his son, is a member of Cabinet. Speaking at a town hall meeting in New Yo...
    A New Era, as I experienced it
    Features
    A New Era, as I experienced it
    Webmaster 
    September 25, 2026
    By Dexter Rose The year was 1995 and I took a call one day from my brother Renwick Rose. There was not much chitchat as he went straight to the point....
    Searchlight Has Served Us Well
    Features
    Searchlight Has Served Us Well
    Webmaster 
    September 25, 2026
    by: Hans King My journey with Searchlight started in 1995 after a chance encounter with Bassy Alexander. I was unemployed at the time having resigned ...
    News
    Workers at statutory body raise concerns about operations
    News
    Workers at statutory body raise concerns about operations
    Webmaster 
    September 25, 2026
    CONCERNS have been raised about the administration and operation of a publicly funded social-support organisation following comments by Prime Minister...
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    News
    SVG listed in six categories for recognition in Wanderlust Reader Travel Awards
    Webmaster 
    September 22, 2026
    ST.VINCENT AND THE Grenadines (SVG), has been shortlisted in six categories in the 2026 Wanderlust Reader Travel Awards, one of the United Kingdom’s l...
    SVG recommits to more awareness and early diagnosis to mark World Alzheimer’s Day
    News
    SVG recommits to more awareness and early diagnosis to mark World Alzheimer’s Day
    Webmaster 
    September 22, 2026
    ST.VINCENT AND THE Grenadines joined communities around the world in observing World Alzheimer’s Day 2026 with renewed emphasis on the importance of e...
    Canouan chef fined for possession of marijuana
    From the Courts, News
    Canouan chef fined for possession of marijuana
    Webmaster 
    September 22, 2026
    A chef of Canouan was ordered to pay over EC$ 1,000 when he appeared in court on September 21, 2026 on two marijuana charges. Twenty-two-year old Jova...
    PM Friday discusses Climate Resilience issues with UN Secretary-General
    News
    PM Friday discusses Climate Resilience issues with UN Secretary-General
    Webmaster 
    September 22, 2026
    PRIME MINISTER Dr. Godwin Friday met on Sunday, September 20, 2026 with United Nations Secretary-General António Guterres, at United Nations Headquart...

    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