High Court rules police had basis to charge murder-accused after disclosure challenge

Two men charged with murder who spent more than three years on remand at Dodds without receiving disclosure have lost a High Court bid to challenge their prosecution. But in a landmark ruling that could reshape how the justice system handles murder detainees — the accused must be brought before a High Court judge in an expedited manner after being charged.

Justice Bryan Weekes, in handing down his decision, said he was now satisfied that the State had made its case against murder-accused Kemar Mario Greene and Romono Anthony Drayton Greene for the alleged killing of Simeon Legall between November 8 and 10, 2022.

Justice Weekes ruled: “I think that this court has done as much as it can do in the circumstances. It is now left to counsel, if they’re satisfied that the disclosure is inadequate for whatever reason — if that is the position that’s taken — there are steps then that can be taken moving forward. But at least we now have an indication from the State as to the basis for which the charges were laid, which is, as far as I am concerned, satisfactory. 

“So, as far as I am concerned now, “the matter will proceed as the law dictates.”

He continued: “I’ve already indicated in a written judgment the course of action, which is already open to the accused persons in the criminal matter and the applicants here. And so, they may avail themselves of the legal mechanisms available to them.”

While Principal State Counsel Jared Richards declined to comment on the outcome, an official source told Barbados TODAY: “Disclosure was provided to the individuals, and the court was satisfied that the police had a good-faith basis upon which they charged these gentlemen; and the court is satisfied that their constitutional rights were not breached. So, the court has now dismissed the matter, and granted no relief to the claimants in this matter.”

The official also expressed some concern about a key aspect of the judge’s earlier judgment that people charged with murder must be brought before the High Court “within a reasonable time after charge” so that the court can review the legality of their detention and consider bail.

The official continued: “That is a new ruling in this matter… that will be a change, because persons usually go to the Magistrates’ Courts first; and they would appear in the Magistrates’ Courts until the matter is committed from the Magistrates’ Court up to the High Court. But the judge has suggested that at some point, the individuals ought to be brought to the High Court even before it is committed; to satisfy a judge that it is a good-faith basis again for charging these individuals, which would put a lot of pressure on the system. That is the truth.

“There are some negatives to it… I believe if an individual believes their rights are breached, they would make a bail application, and let the High Court then make a determination on the matter.”

Asked what the State can do about the ruling, the official source replied: “We can appeal the ruling… take it upstairs and test it.”

Attorney Lalu Hanuman, who is representing the accused men, insisted that his clients only recently received disclosure, albeit partial, after they have been on remand for over three years.

Hanuman also commented on Justice Weekes’ earlier ruling on a constitutional motion that he filed on behalf of the accused men, where he argued that while they had been before the court for more than two years, there had been no disclosure in their case and that applications for dismissal for want of prosecution or for an “unless order” had been refused.

Hanuman told Barbados TODAY: “Anybody in Barbados that is charged with murder, has to be taken before a High Court judge in an expedited manner for the judge to determine whether in fact, there is an actual prima facie case against that person; otherwise, persons could be detained at Dodds [Prison] indefinitely, as happened in my clients’ cases. There have been there for three-and-a-half years, languishing in prison without disclosure; and even now, the disclosure is only partial.

“Going forward, anybody charged with murder has to be brought before a High Court judge in a speedy manner for the judge to determine whether there is a prima facie case to justify the charge. So, it’s a development of jurisprudence.” 

(EJ)