Top court slams slow legal system

arbados’ highest court has called for the creation of a modern parole board to reform the criminal justice system while condemning persistent delays in the courts.

 

Caribbean Court of Justice (CCJ) judge, Madame Justice Rajnauth-Lee made the recommendation on Thursday as the court rejected a convicted killer’s manslaughter sentence appeal.

 

In delivering the judgment in the case of Shawn Weekes, who appealed his conviction and sentence for the 2000 killing of Leo Callender, Justice Rajnauth-Lee highlighted the continued inefficiencies in the system.

 

“The court lamented the fact that the criminal justice system in Barbados continues to be plagued by inordinate delay. The court… looked forward to a brighter day when delay will be substantially reduced, if not eradicated, in Barbados,” she said.

 

The CCJ also emphasised the importance of establishing a modern parole board to review prisoner eligibility for release in life sentence cases.

 

“The court noted the desirability of establishing a modern parole board to review the eligibility of prisoners to be released on parole in circumstances where the accused is sentenced to life imprisonment with a minimum period of incarceration to be served,” the judge said.

 

Justice Rajnauth-Lee expressed hope that the legislature would enact the necessary reforms to create a functional parole system, ensuring more effective and fair criminal justice processes.

 

The case involved Weekes, who was convicted of Callender’s murder two decades after the crime and sentenced to life imprisonment. In 2021, the High Court ordered him to serve a minimum term of 28 years, with nine years deducted for time already served, leaving 19 years before he could be eligible for release.

 

Weekes appealed his conviction and sentence, and in a ruling by the Court of Appeal, his murder conviction was reduced to manslaughter, based on a legal error in the trial judge’s instructions regarding provocation. His sentence was adjusted to nine years imprisonment starting in May 2021. Following this, Weekes was granted special leave in December 2023 to appeal on six grounds.

 

The grounds for his appeal included claims that the Court of Appeal made legal errors in its judgement, particularly regarding circumstantial evidence, the impact of delays in his case, and sentencing decisions. Weekes’ defence argued that a detailed direction on circumstantial evidence was necessary and that the lengthy delay in his case caused prejudice.

 

But Justice Rajnauth-Lee, citing a Privy Council ruling, rejected the arguments, stating that the delay of over six years between Weekes’ arrest and trial did not prejudice his case.

 

“The court thus held that the approaches of the Court of Appeal and trial judge could not be faulted,” she said.

The CCJ judge also dismissed concerns about the impact of the delay on Weekes’ ability to call witnesses, as his defence counsel had not presented evidence of any particular prejudice to the trial judge.

 

“Defence counsel never conveyed to the trial judge that the appellant had suffered any particular prejudice,” she added.

 

The court also upheld the trial judge’s directions on circumstantial evidence and ruled that the decision to substitute the murder conviction with manslaughter was appropriate. Regarding sentencing, Justice Rajnauth-Lee stated that the Court of Appeal’s sentence was not manifestly excessive and that no wrong principles of law were applied in the case.

 

The court’s judgment also noted that concerns raised by Weekes’ defence about the trial judge’s focus on the prevalence of gun violence during sentencing were irrelevant, as the Court of Appeal had not factored gun crime into its determination of the sentence.

 

Weekes was represented by Andrew Pilgrim SC and Martie Garnes, while the State was represented by Principal State Counsel Neville Watson and Romario Straker, acting Senior State Counsel.

emmanueljoseph@barbadostoday.bb