State must pay former accused for breach of constitutional rights

Queen’s Counsel Larry Smith recently secured another constitutional court victory against the state.

This time it was on behalf of former accused Shamar Tyrone Patrick of Chapman Village, St Thomas who was awarded $35 000, by the High Court, for breach of his constitutional rights.

Patrick was 16 years old when he was charged with the February 3, 2006 offence of causing serious bodily harm with intent to maim, disfigure or disable another.

The matter was before the Magistrates’ Court and after multiple adjournments the preliminary inquiry got underway before now retired Magistrate Roberts Simmons on February 16, 2007 and went on until July 23, 2012. It was then adjourned sine die and never came back on for hearing.

Queen’s Counsel Smith took the matter before the High Court in July 2018 and filed a claim on the ground that the length of time the matter stood unprosecuted was a breach of his client’s right to a fair trial within a reasonable time and argued for damages to be awarded.

The assessment of damages came on for hearing before Madam Justice Shona Griffith on April 26, 2021 and on July 4, 2022 she awarded Patrick $35 000 for breach of his constitutional right, plus costs for a Queen’s Counsel and junior attorney.