Ex murder accused files another constitutional motion

Former murder accused Pedro Deroy Ellis has brought yet another claim against the state for breach of his constitutional rights, seeking a third payout.

Back in August, he was awarded $60 000 in compensation after a High Court judge ruled that his right to a fair hearing within a reasonable time as well as his right to bail had been breached. It was the second such victory for Ellis and his legal team who in July won $75 000 in a related case.

In the latest matter, he claims his fundamental right to a fair hearing within a reasonable time, guaranteed under Section 18(8) of the Constitution, was breached as a result of the 29-month delay in rendering a judgement on his previous consolidated constitutional claim against the state.

That claim was heard on March 10, 2020, but the decision on the matter was not delivered until August 31, 2022.

The latest case in which Ellis is represented by attorneys-at-law Larry Smith K.C, Fabian Walthrus and Rashida Johnson, was heard before Justice Westmin James on Monday.

Smith told the High Court that his client’s right to a fair hearing within a reasonable time had been breached in light of the provisions of the Constitutional Amendment No. 2 (2019-16) Section 84.

Ellis, through his legal team, is urging the court not only to declare that his rights had been breached but to also award $25 000 in compensatory damages and vindicatory damages.

Attorney-at-law Roger Forde K.C, in association with Counsel Cherisse Whitehall-Small, Nicole Boyce and Jared Richards from The Solicitor’s General Chambers represented the state in the matter.

Following submissions from both sides, Justice James reserved judgement on the case until January 23, 2023. (LAS)