State to pay $45 000 for 14-year trial delay

The State has been ordered by the High Court to pay $45 000 in damages to a man whose constitutional right to a fair trial within a reasonable time was breached.

In a ruling delivered last Monday, Justice Shona Griffith found that the 14-year delay from the time Dwayne Omar Phillips was committed to stand trial in 2010, to the dismissal of the charge in April 2024, violated his constitutional right under Section 18 (1) of the Constitution.

“The claimant is entitled to an award of damages in the sum of $45 000 for the breach of his Section 18 (1) right to be tried within a reasonable time,” she ruled. “Interest is awarded at the rate of six per cent per annum on the sum of $45 000 from the date of judgment until payment.”

Justice Griffith also declared that Phillips is to be considered innocent of the charge of aggravated burglary, having never been tried by a judge or jury.

In presenting the facts, the judge recalled that having filed a claim for constitutional relief in February 2023, Phillips asserted a breach of his constitutional rights to protection of the law and to a fair trial within a reasonable time.

In April last year, the criminal charge was dismissed by a High Court Judge for want of prosecution.

Notwithstanding the dismissal of the criminal charge, Phillips amended his claim, maintaining his request for relief for breach of his constitutional rights. The matter was heard by way of affidavit evidence and submissions.

The 24-page decision also noted that after being charged, the claimant was immediately granted bail, committed for trial in 2010, but remanded to prison the next year, after his surety withdrew.

Phillips would thereafter spend approximately 26 months on remand before obtaining reduced and personal bail in September 2013.

Justice Griffith further pointed out that it is the claimant’s case, that over the course of the 12 years after he was committed, the matter was heard only on three occasions – 2017, 2022 and 2023 – but the prosecution was never ready to start the trial.

Phillips would have complained of asking for disclosure but never receiving any from the prosecutor.

While on remand, the court heard, Phillips was placed on suicide watch for seven days, after seeing the prison psychologist.

Justice Griffith added: “The claimant also says that as a result of the charge languishing over his head for almost 18 years, he suffered mental anguish and anxiety as a result of its continued presence, and even though the matter was dismissed, he was denied of the opportunity to properly defend himself against the allegations.”

“Finally, the claimant says that due to the stigma and state of uncertainty existing because of the charge, he missed opportunities both locally and abroad, for work, personal development and relationship prospects.”

The defendants, in answer to the claim, rejected Phillips’ allegations that the matter was called only three times since committal for trial in 2010. The judge stated that the defendants produced a transcription of the proceedings in the criminal matter, showing it was called up at least six times between August 2022 and April 2023.

The defendants also denied assertions by Phillips that he received no disclosure. They noted that he had acknowledged to a judge in the criminal proceedings that he received disclosure at the magistrates’ court, but no longer had it, given the length of time that had elapsed.

Justice Griffith declared: “Short of stating that ‘the State is still readying itself for trial,’ there was no specific reason or explanation as to why the claimant’s criminal trial had not been commenced and concluded within the 17 years acknowledged to have elapsed.”

Attorney-at-law Kyle Walkes represented the claimant, while State Counsel Rico Yearwood appeared for the defendants – the Attorney General and the Director of Public Prosecutions. 

emmanueljoseph@barbadostoday.bb