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
      • 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
      • 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
    Mayo Clinic presents 10 breakthroughs for 2025 that are transforming the future of medicine
    Press Release
    Mayo Clinic presents 10 breakthroughs for 2025 that are transforming the future of medicine
    Jada 
    January 23, 2026
    ● From AI powered drugs to regenerative therapies and new neurological tools, Mayo Clinic researchers achieved key advances in 2025 to predict, diagno...
    Passenger van overturns, injuring several commuters
    Front Page
    Passenger van overturns, injuring several commuters
    Webmaster 
    January 23, 2026
    AT LEAST ONE PERSON who was involved in an accident where a mini van overturned on Monday, had a clear premonition about the mishap. Deanna Mc Dowall,...
    Deputy Prime Minister explains delay of 2026 Budget
    Front Page
    Deputy Prime Minister explains delay of 2026 Budget
    Webmaster 
    January 23, 2026
    THE PRESENTATION of the 2026 National Budget or Appropriation Bill is being delayed as the New Democratic Party administration tries to put everything...
    SVG reviewing US request to accept deportees, Opposition Leader warns not to accept them
    Front Page
    SVG reviewing US request to accept deportees, Opposition Leader warns not to accept them
    Webmaster 
    January 23, 2026
    DEPUTY PRIME MINISTER St Clair Leacock, says that St Vincent and the Grenadines (SVG) is reviewing a request from the United States administration to ...
    Questelles students happy to be back in the classroom
    Front Page
    Questelles students happy to be back in the classroom
    Webmaster 
    January 23, 2026
    IT HAS BEEN over three weeks since the Grades 3 and 4 students at the Questelles Government School (QGS) lost their classrooms in a fire. Although a f...
    Government names new Diplomats
    Front Page
    Government names new Diplomats
    Webmaster 
    January 23, 2026
    A FORMER MEMBER of Parliament, and a Journalist, are in the group of five diplomats named by the New Democratic Party administration to take up postin...
    News
    Covid dismissed workers given deadline – backpay deferred pending review
    News
    Covid dismissed workers given deadline – backpay deferred pending review
    Webmaster 
    January 23, 2026
    PUBLIC SERVANTS who were dismissed for refusing to take the COVID-19 vaccine will not be allowed to return to their jobs after January 30, 2026. And, ...
    Rhea Ollivierre among new lawyers admitted to the SVG Bar
    News
    Rhea Ollivierre among new lawyers admitted to the SVG Bar
    Webmaster 
    January 23, 2026
    THE BAR OF St Vincent and the Grenadines (SVG) has welcomed a new cohort of legal practitioners, including Rhea Kezia Tamar Ollivierre, whose academic...
    Confessed grocery thief urged to invest in herself
    From the Courts, News
    Confessed grocery thief urged to invest in herself
    Webmaster 
    January 23, 2026
    AN UNEMPLOYED Redemption Sharpes woman, who relies on her daughter’s father to solely provide for their family, was bonded and ordered to compensate C...
    Hundreds flock to Lobster and Lambie Festival
    News
    Hundreds flock to Lobster and Lambie Festival
    Webmaster 
    January 23, 2026
    LAST WEEKEND, January 16 to 18, hundreds of people, including Vincentians from the mainland and the Grenadines, journeyed to Carriacou and Petit Marti...
    Committee Chair opposes insertion of fetes into Nine Mornings Festival
    News
    Committee Chair opposes insertion of fetes into Nine Mornings Festival
    Webmaster 
    January 23, 2026
    CHAIRMAN OF the National Nine Mornings Committee, Oronde ‘Bomani’ Charles, said he will oppose any attempt to introduce fetes during the annual Nine M...

    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