The Caribbean Court of Justice (CCJ) has reserved judgment in a manslaughter case involving two brothers who are challenging the Barbados Court of Appeal’s decision on the grounds of delay.
Stuart and Scott Harewood, convicted of killing Dereck Hunte in 2014, appeared before the regional court on Friday. Their attorney, Safiya Moore, argued that there had been “a breach of their constitutional right to a fair trial ‘within a reasonable time’ under Section 18 Sub-Section 1 of the Barbados Constitution”.
The siblings, from Seaview, St Philip, pleaded guilty to manslaughter in what was described as a “cold-blooded” killing. Hunte, of Lynches, St Philip, was shot six times.
Six years after the incident, Justice Pamela Beckles sentenced Stuart to 35 years in prison and Scott to 38 years. But the brothers are now seeking a reduction in their sentences due to the alleged delay.
In oral arguments before the CCJ, Moore said: “The appellants argue and submit to this court that there has been an unreasonable delay in the adjudication of their criminal matter; and this is from the stage of the magistrate, from the stage of charge, until the stage of conclusion at the Court of Appeal.”
The defence attorney suggested breaking down the stages of the case to assess the periods of delay. But CCJ Justice Denys Barrow interrupted, questioning why the complaint of unreasonable delay had not been raised in lower courts.
“Why was not any complaint made before the courts below as to the fact that there had been unreasonable delay?” Justice Barrow asked. “The High Court, and certainly the Court of Appeal, could have for instance adverted to certain local conditions, certain local factors . . . COVID, need for new accommodation . . . all of those things would have been well seized by then.
“But now, you are telling us about these earlier delays, and asking us to speak to them; but you did not raise them before. So, I am troubled, I confess.”
Moore acknowledged that the issue had not been raised previously, explaining: “While the constitutional right did exist, and we cannot deny it existed, it was not a common occurrence.”
The defence sought further reductions in the brothers’ sentences, in addition to those already granted by the lower court. Moore argued that such reductions would acknowledge a breach of her clients’ constitutional rights.
But the State, represented by Romario Straker, contended that the original sentences were too lenient and had requested a review.
After hearing submissions from both sides, the CCJ adjourned the case indefinitely without delivering a decision.
Moore appeared in association with attorney Martie Garnes, whilst Senior State Counsel Straker was joined by Principal State Counsel Krystal Delaney and Principal State Counsel Neville Watson.
emmanueljoseph@barbadostoday.bb
