Former murder accused Pedro Deroy Ellis has won another case against the State for breach of his constitutional rights, just over a month after the court awarded him $75 000 for wrongful detention.
However, the amount he will receive in damages will not be known for another two weeks.
Justice Cecil McCarthy, who heard the case, has instructed lawyers for both sides to file submissions on the quantum of the award by August 24, following which he is expected to hand down a written decision on August 30.
In May 2013, Ellis was arrested for the May 5, 2013 murder of Antonio Harewood and was remanded to prison. In February 2014, he made his first of many bail applications before the High Court.
However, all his attempts were unsuccessful. One such application was made in December 2016, a decision he subsequently took before the Court of Appeal. He filed the notice of appeal in March 2017 and the matter was heard by a panel of judges in March 2018. The decision was handed down a year later.
Ellis’ attorneys, Queen’s Counsel Larry Smith along with Jamila Smith, who represented him from the inception of his case, took the matter before the civil court claiming that his right to bail and right to a fair trial in a reasonable time were breached.
The legal team also made submissions for the court to award damages for those breaches.
In handing down his oral decision on Wednesday Justice McCarthy said the court was of the view that Section 13 (3) (b) of the Constitution had indeed been breached.
He made “a declaration that the claimant’s right to a fair hearing within a reasonable time pursuant to Section 18 (1) of the Constitution is breached. A declaration that the claimant’s right to be released on bail pursuant to Section 13 (3) (b) of the Constitution was breached; and an order that the claimant is entitled to damages for breach of Section 18 (1) and 13 (3) of the Constitution.”
“The damages awarded to the claimant will be set out in the written judgment. The court will award costs for two counsel with respect to the proceedings,” added the judge.
Just last month, the State was ordered to pay Ellis for unlawfully detaining him for 18 days.
Madam Justice Shona Griffith awarded him $50 000 in non-pecuniary damages and $25 000 in vindicatory damages, on the grounds that his constitutional rights had been breached when he was remanded to prison after being found not guilty of murder.
That matter revolved around Ellis being remanded to prison pending a decision on whether he would face a retrial after a 12-member jury found him not guilty of Harewood’s murder but could not reach a verdict on manslaughter.
fernellawedderburn@barbadostoday.bb
