Former Coast Guard officer appeals dismissal from BDF in historic case

The first-of-its-kind appeal in a military case in Barbados will continue before the Court of Appeal on April 15.

Former commissioned officer in the Coast Guard, Lieutenant David Anthony Harewood is before a three-member panel appealing his conviction and dismissal from the Barbados Defence Force (BDF).

Harewood was court-martialed and convicted of charges that in January 2018, being a commissioned officer of the BDF and having knowledge of a threat to the life of Ordinary Seaman Marlon Scott, he neglected to inform his superiors of the threat; and that he conducted unauthorised information gathering operations, conduct unbecoming of a commissioned officer of the BDF, between January 1, 2014, and September 30, 2018.

He was dismissed from the BDF in June 2019 after a five-member tribunal found him guilty on the two charges.

Through his attorney Vincent Watson, Harewood is now before Chief Justice Sir Patterson Cheltenham and Justices of Appeal Francis Belle and Margaret Reifer challenging the verdict and sentence on seven grounds.

The 18-year military veteran is arguing that the sentence imposed on him was excessive; that the findings of the court-martial on the first count were unsupported by the evidence led in the case; and that neither of the instances of what was purportedly said showed a declaration or intent to harm or injure Scott.

His appeal also claims that the court-martial finding on the second account that he engaged in unauthorised information gathering was unreasonable and not supported by the evidence.

Harewood’s attorney has already made oral submissions before the court.

When the matter came up before the panel on Thursday, Senior Crown Counsel Oliver Thomas who is appearing for the BDF in association with attorneys-at-law Rita Evans and Neville Corbin were scheduled to make their oral submissions.

But that phase of the appeal did not happen as the panel put several questions to the attorneys which the judges needed clarity.

The BDF legal team is expected to make their submissions on the next date.