A St Michael father who had been accused of unlawfully killing his four-month-old son more than four years ago, today walked out of the High Court without the charge hanging over his head.
However, Dylan Nigel Marius, of Walrond Gap, Back Ivy, is still traumatized by the tragedy, his attorney Arthur Holder told reporters after the case was dismissed.
Marius had been charged with the death of baby Dellon Marius, who was found dead at home on April 3, 2017.
At the time, police said the child was “mistakenly left at home by the parents during the morning period and was later discovered unresponsive”. He died sometime between 7 a.m. and 5:40 p.m. and the cause of death was determined to be asphyxia.
When the matter was called before Justice Carlisle Greaves in the No. 3 Supreme Court, Director of Public Prosecutions Donna Babb-Agard Q.C. disclosed that, after reviewing the file, “the evidence did not support the ingredients of manslaughter”.
Justice Greaves then ruled that the indictment against Marius, who has two other children, be dismissed and he allowed him to walk free.
Holder later told the media that he had requested that Queen’s Counsel Babb-Agard look at the totality of the evidence against his client.
“I am satisfied with her analysis that the evidence on the file did not meet the requisite threshold to ask a jury to cogitate on,” he said.