DPP appeals dismissal of perjury case against cop
The Office of the Director of Public Prosecutions (DPP) has filed an appeal following the dismissal of the criminal matter against police officer Marley Sebastien.
Sebastien, who has been a police officer for more than 18 years and was part of former Premier Andrew Fahie’s security detail, was previously charged with perjury and perverting the course of justice.
The matter was dismissed in the Magistrate’s Court by Magistrate Khadeen Palmer earlier this week for want of prosecution after repeated requests were made of the prosecution to produce a transcript of Sebastien’s testimony given in a High Court trial earlier this year.
The Court was reportedly informed that the prosecution had only recently acquired the transcript, therefore Sebastien’s attorney, Valston Graham, moved that the matter be dismissed after he argued that the charges were filed without any foundation.
According to the appeal which was filed on Tuesday, the DPP is contending that the decision by the learned magistrate to dismiss the matter is unreasonable.
The DPP further sought leave to amend the grounds of the appeal as and when the record of appeal becomes available.
Background
The charges were first brought against Sebastien after he allegedly gave contradictory evidence to his sworn testimony when he testified in the second of two trials against two former accused police officers.
Sebastien was a witness in the matter of the Queen vs Pamphill Prevost and Simon Power; both of whom were interdicted police officers at the time, charged with theft and conspiracy to steal.
Prevost and Power were first on trial in 2019. However, that trial resulted in a mistrial as the jury could not agree on the verdict. The retrial commenced on February 1, 2022 and ended a month later with the acquittal of the officers after a no-case submission by the defence.
Copyright 2024 BVI News, Media Expressions Limited. All Rights Reserved. This material may not be published, broadcast, rewritten or distributed.
The DPP has no judgment.
The charges against this officer were announced during the trial of the former officer in the hope of influencing the jury in that trial. The attempt failed, and now the attempt to prosecute this officer has failed because there is no evidence.
The DPP is a walking disaster and needs to be replaced.
here we go again, Ms DPP always wasting people time
She needs to step down .. she is bias as h**l! She goes after who she wants and other walk free. Step down. You do not belong there. Costing the Gov a set of money and criminals and cold blooded killer walking amongst us. Is this lady serious. For Hevens sakes let the cop go! You have no case! Take the shame and get your office together or step down!!!
Why does the government want to go waste more money on this case?
That spit**ul, inco***tent woman has no shame whatsoever. She is puffed up and full of herself and misusing her authority. Your day will come. You can’t win a case to convict murderers but you are busy trying to turn good citizens into criminals. You will lose this case again and I want the officer to suit those overgrown pants off of you and the government.
It’s personal!
The COI was needed most in law enforcement and the DPP’s office. That is where the corruption seems to be to me. Can someone just use their powers to hurt other people just because they can do so? Isn’t that corruption and abuse of authority?
I said before and I will say it again, time for a great reset. That entire office must go.
But he was her side thing so something must have went off tract
It would be good to see how many went to trial in the last 2 years and how the DPP won. That would be good to know. Anyone has the answer?
HALF THE PPL THEY HAVE CASES AGAINST, THEY HAVE NO EVIDENCE!! THEY APPEAL AND WHEN TIME FOR COURT DATE THEY NEED MORE TIME!!! STUPIDNESSS
Mrs DPP go and sit down You cost in the goverment to much money and have to much cold blood murders walking though us save yourself the shame and go home
I heard about Hard Head Harry, but here comes Hard Head Hariette. Old people always say a hard head makes for a soft butt. I now see what they mean.
I have never seen so many appeals coming from a prosecutor. Usually, it’s the defendants who appeal.
Murderers walk free, drug runners walk free and you want to go after a man who you beleif was lying. REALLY.
WASTE OF TIME
Women incharge can be good, however you just cant put a woman in leadership just because of gender. Totally wrong, i hope other departments take note, make sure they can function before you put them incharge.
I believe in the right man or woman for the job and equal pay.
Does anyone know who is responsible for the DPP Office, is it the Premier, Governor, or DG?
They really need to do their job and get that office the right professionals, this is not going well at all. It is like DPP playing doll house and we have serious criminals roaming the streets. I hate to say it they really need to replace these people before residents start looking for vigilante justice, because that is really where we are headed
He did not put it on good enough so right now he has to pay for his lack