Darryl Frett wins gun conviction appeal
The Eastern Caribbean Supreme Court overturned the gun conviction of Darryl Frett, who had been sentenced to 73 months imprisonment in his absence for keeping a firearm without a licence.
The Court of Appeal ruled that there was insufficient evidence to prove Frett’s knowledge or possession of the firearm, which was found in a backpack belonging to another individual in the vehicle Frett was in.
The case dates back to August 2016 when police searched a parked vehicle with the three men, Edgar Carasco, Darryl Frett and Jose Almestica. Frett and Almestica were reportedly passengers in the car.
An officer who searched the vehicle found a nine-millimetre semi-automatic pistol, ammunition, approximately $49,000, and a money-counting machine. Upon discovery, Almestica ran away before he was found hiding at a nearby bakery.
Although no illegal items were found on Frett, the firearm and ammunition were discovered in a backpack belonging to Almestica. Frett was subsequently charged and convicted despite his absence from much of the trial due to his incarceration in St. Martin.
The appeal was based on several grounds, including arguments that the sentence was excessive and based on an incorrect principle, that the magistrate had erred in dismissing a ‘no case to answer’ submission due to a lack of evidence showing the appellant’s knowledge of the firearm, and that the conviction was unreasonable and unsupported by the evidence.
Additionally, it was asserted that there were errors in the application of legal principles regarding possession and that a portion of the trial was improperly conducted without the appellant present.
The appeal, heard on January 31, focused on several key issues, including the admissibility of fresh evidence, the fairness of the trial conducted partly in Frett’s absence, and the interpretation of joint enterprise and possession under the Firearms Act.
Justices of Appeal Margaret Price Findlay, Trevor Ward, and Eddy Ventose ultimately found that Frett’s conviction was unsafe due to a lack of evidence linking him to the firearm.
Justice Ward, in the judgment, stated, “The appellant’s mere presence in the vehicle as a passenger cannot, without more, lead to a conclusion that he is part of a joint enterprise and in possession of any illegal item found in the vehicle.” The ruling sets a significant precedent for similar cases in the future.
Terrence Williams and Karlene Thomas-Lucien represented Frett, while Khadija Beddeau represented the respondent.
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They tried to frame the local
Show me your friends and I will tell you who you are.
Yet again complete and utter failure. How long before this waste of space is fired.
I wonder when they are planning to remove this lady (DPP) from office, what are they waiting for, she most have a secret on one of them, come on, please stop this mockery…I know the police them are not ready, but the Police make arrest and charge people on advice from the DPP , if you knew that there were not sufficient evidence , drop the blassty case and done, why waste the court and people time and money, another thing, at times you may have a good and solid case but depending on the way you present and put forward your case, goes a long way, people going in court playing the foul , causing all this matters dismissal based on a technicality, this lady is just hard headed and take advice or suggestions from no one, OMG.
Its not the DPP that needs removing. The BVI has too many illiterates police officers. Everyone who cannot find a job at home comes to the BVI and get police jobs. There is no real system for vetting such persons in the BVI, so its easy to get in the force. Who vex could bust, but its a fact. Start checking and you will find out for yourselves.
I’m pretty sure they are introducing a vetting system.
Why blame the DPP for a trial that took place since 2016; the lady had to defend something that did not take place under her watch.
The DPP should have conceded the appeal – but unfortunately she has no judgment and very little legal skill.
is not served in this case. The accused is incarcerated in St. Martin so he’s convicted in absentia in the BVI. He appeals and wins 8 years later. When was he released from jail in St. Martin??
Read and learn ,,
The duty of the police is to Arrest and Charge but the matter can’t go before the Magistrate unless the DPP office advices or instructs to do so, and as I say before , majority of Police officer in the BVI are capable and know what their are doing but in some of them common sense is not so common ,However, remember that at the end of the day, you have to do , what the Boss tell you to do…Read and Learn ..
The whole judiciary system needs to be changed from DPP to Magistrate Court and the like. What DPP might have failed to implement, the Magistrates should have picked up. How many times are the Magistrates to err. We must be fair based on the rule of law and stand up for justice.
Aye, just free everybody in the prison right now awaiting trial.
The facts as I read it actually amounted to a conviction? Ludacris. I could not even get a hint of ‘possession’ which is a fundamental element that has to be proven. It wasn’t his car. It wasn’t his bag. The bag itself was not in his care or custody so he had no authority whatsoever over the bag (and by extension its contents). To get 73 months? Who was the magistrate in the case?
Ludicrous even…spellchecker
Should have just let him go right away. Waste of money.
He Born Here. Nothing happen to him.
More foolishness and nonsense. We need to elect some of those scooter boys to run this place!
The local DPP has no chance of winning any case against Terrance Williams as the defense lawyer. Terrance was the best DPP tortola even had and is one of the best defense lawyer in the Caribbean.
At this point we just wasting tax on the dpp
How a man could get catch with a gun with DNA print and still win.
No wonder he people can’t tip off the police cuz the killers will be right back out on the road
Bvi makes my head hurts mehson
At least the USA got a conviction fat boi fahie and he team
Like we need send all our cases to USA man.
It looks only the long remand time keeping criminals in jail instead of a actual conviction
Even after a conviction the crazy judge give little bit of time for serious offences
Where in the article states his DNA print was on the gun? Read is fundamental!!! The article states “Although no illegal items were found on Frett, the firearm and ammunition were discovered in a backpack belonging to Almestica.” So answer your mystery statement now.
You just want be commenting because because ya have a device and can use it to type f***ery, that’s all.
You defending this killer is why we got so much murders on the loose through the country.
Hopefully one don’t catch you lacking
Where in my statement states that I’m defending him? We really need to have a reading and comprehension class for persons who dunce and illiterate. READ IS FUNDAMENTAL!!
And if he is a killer? Bring the evidence who he killed? Because I never see nor heard he received charges for attempted murder or murder. You need to stop talking f***ery and trying stain ppl name. You probably the killer and someone need to fix you up from running your mouth!
So disappointed in most of these comments on here. Some talking foolishness about the DPP can’t win a case, DPP needs to be fired and all of that.
Ding people read and comprehend. The matter was at the Magistrate court, so it was the sitting Magistrate that found him guilty and sentenced him. The man had a right to appeal. He did so and won because the appellate court clearly saw the errors made by the magistrate. Read and comprehend. It’s nothing to fi with him being local. It’s a good thing that he was able to retain a good lawyer to bring light to the injustices that persons are suffering at the hands of one magistrate.
When I read this case, I realize that the defendant , CARASCO suffered the same fate (73 months incarceration for gun possession). However, his particulars were basically the same as Mr. Frett’s. The evidence in the case suggest that the gun belonged to Jose. Therefore, if CARASCO had money, he too could have appealed and win. But there he is in prison doing time because the magistrate ERRED.
Tamia needs to go home! It have alot of man up the prison innocent and she makes her judgement off of feelings and not fact. Let the government take that L and wait on the law suit. Have people sitting in jail wasting time for nothing