Judge slams 18-year delay in murder case

A High Court judge on Friday declared that the State had violated a murder accused’s constitutional right to a fair hearing within a reasonable time, and recommended that she should walk free of the almost 18-year-old charge.

Justice Corlita Babb-Schaefer delivered the ruling just days before Haniyfa Reza White was due to go on trial for the May 14, 2007 murder of Julene Bryan, describing the prolonged delay as “unwarranted” and “unacceptable”.

White, through attorney Lalu Hanuman, brought a constitutional motion against the State, arguing that the nearly two-decade delay breached her fundamental right to a fair hearing within a reasonable time, guaranteed under Section 18(8) of the Constitution. Her trial was set to begin next Monday.

“There are some explanations in terms of the delay, but the court is of the view that on balance, the right of the applicant to a fair trial has been breached and the unwarranted delay is of such a nature that the court is going to recommend that there be a permanent stay of the murder trial,” ruled Justice Babb-Schaefer said during a hearing of the motion.

“What makes this case different from some of the others is the length of time — almost 18 years — and we have not even had a trial. We cannot even talk about a fair hearing as there has been no murder trial within a reasonable time.”

Hanuman submitted that potential defence witnesses were either deceased, had migrated, or their whereabouts were unknown. He also argued that crucial documents, such as medical notes from the prison, the public medical journal and the police station diary for May 2007 were likely unavailable. Furthermore, witnesses who never gave written statements might struggle to recall events from so long ago, without documents from which they could refresh their memories, the lawyer contended.

Citing the Caribbean Court of Justice’s 2024 decision in Harewood vs The State, the judge stressed the constitutional guarantee of a timely trial.

“In considering whether there is a breach of the reasonable time guarantee, it is appropriate to first consider whether the overall period of time elapsed is of such length as to evoke in the objective and reasonable judicial conscience a real concern about fairness and/or reasonableness,” she said.

Acting Principal State Counsel Jared Richards — who represented the Offices of the Director of Public Prosecutions and the Attorney General – conceded that the delay was “enough to invoke judicial consternation” but argued that the State was not solely at fault, pointing to White’s five warrants for non-appearance and that she had been ill on several occasions.

Still, Justice Babb-Schaefer found the State primarily responsible.

She noted that even if the delay caused by the applicant and the COVID-19 pandemic were taken into account, “there were still 13 years, a long period of time, where it appears that the State did either nothing or not sufficient to guarantee that right to a fair trial.”

The judge further noted that after a trial date was vacated in April 2020 due to the pandemic, no new date for trial was set and the matter only came back up when a status hearing was requested.

“This civil case is different from the ordinary breach of contract. The State has guaranteed a right. The onus and responsibility are on the State to take the initiative to secure that guarantee…. I am not saying there were no delays, but then still, why so long if you know you have to guarantee the right to a fair trial? When was the next hearing? I do not have that sort of information; all I have are these big gaps,” the judge said during the hour-and-a-half-long hearing in the No. 11 Supreme Court.

Justice Babb-Schaefer formally declared that the Office of the Attorney General had breached White’s constitutional right to a fair hearing within a reasonable time and referred the matter to the murder trial judge with the recommendation that the charge be dismissed. She also noted the State could appeal the decision to the Court of Appeal or the Caribbean Court of Justice.

Speaking to the media outside the courtroom, Hanuman said such delays in dealing with capital matters were “totally unacceptable”. He said the court should adhere to a timetable for such serious charges, adding that if it failed to do so, “the matter should be dismissed.”

“The State has an obligation to expedite things within a reasonable time period, and you cannot have a fair hearing after 18 years or even nine years,” Hanuman insisted.

jeniquebelgrave@barbadostoday.bb