DPP promptly files appeal as court acquits Ashan Westcott of murder
Around the time Ashan Westcott was acquitted of murder in the High Court, Director of Public Prosecutions (DPP) Tiffany Scatliffe-Esprit had prepared and filed an application to appeal the decision.
Westcott, who was accused of the murder of Nickera Smith, was freed on Wednesday, June 26, after his attorney Israel Bruce successfully made a “no case submission,” arguing that the evidence presented by the prosecution was insufficient to link the defendant to the crime. Presiding judge Justice Stanley John upheld the submission and thereafter directed the nine-member jury to enter a ‘not guilty’ verdict.
This all unfolded minutes after 10 am on Wednesday.
According to legal documents seen by BVI News, the DPP successfully filed a detailed application to appeal by 10:27 that same morning.
The DPP argued in her appeal that Justice John erred in disallowing certain aspects of the testimony from one of the prosecution’s key witnesses in the case — Detective David Moore. The DPP also argued in her appeal that Justice John erred further by applying “incorrect principles” in arriving at his decision to uphold the defense’s no-case submission.
According to the appeal document, the prosecution also felt there was a “miscarriage” of justice in not leaving the matter with the jurors, whom he had instructed to enter the not-guilty verdict. Among other things, the DPP argued further that “there was sufficient evidence submitted by the prosecution for a jury…to return a verdict on a lesser offence.”
The DPP argued that it is of “public interest” for the decisions of Judge John to be reviewed, adding that she does not believe Westcott would be prejudiced in this matter now being appealed.
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The DPP has no judgment and very limited legal skills. Surely it would have been better to take some time to reconsider the position rather than filing an appeal 27 minutes after the judgment was delivered. In that 27 mins she had to get her … self back to her office, and would not have had time to to make any amendments to the Notice of Appeal that presumably she drafted before the judgment was handed down.
No doubt she is trying to defect public opinion calling for her resignation – but this terrible DPPs time must come to an end. She is clearly the biggest impediment to the proper administration of justice in the BVI – as she constantly reminds us, she is the only person that can decide to prosecute – she reviews the evidence obtained by the RVIPF and makes decision as to whether to prosecute. If the evidence is not good enough, then she should not prosecute. Unfortunately, again and again she determines that there is enough evidence, decides to prosecute, but the Court says there is not enough evidence and throws the case out at the end of the prosecution case without requiring the Defendant to respond.
THE DPP NEEDS TO BE FIRED. SHE IS AN EMBARRASSMENT IN OFFICE. NOBODY IN THE BVI THINKS SHE IS COMPETENT AND DEFENDANTS LAUGH OPENLY AT HER SELF IMPORTANCE, WEAK LEGAL SKILLS, AND LACK OF JUDGMENT.
Were you in court to make such comments?? You were not so SHUT THE H**L UP!!! This case was a solid case and should have came back with a guilty verdict but the judge saw it fit to leave out a KEY pieces of evidence from a witness. And then on top of it all instructed the jury to render a “no guilty” verdict. Speak to any jury or person who was in court and I am sure you would hear how disappointed they are with the verdict.
Now you tell me where is the justice for Nikera and her family especially her parents. If any of you who’s sister, daughter or friend was killed in that way you would not be making these stupid comments about firing the DPP you would be as infuriated as those of us who have an inkling of common sense. But apparently you don’t have much. This girl was killed like an animal then discarded like trash. WHERE IS THE JUSTICE FOR HER???!!!!
Since you figure the DPP needs firing why don’t you offer your services since you feel you can do a better job.
The reason that there was no justice was the incompetence of the DPP.
You sound like the real idiot..read what the person is saying, he actually calling for more justice for the young lady that dies… he is saying the doo is eeak.. je want more justice!
I am in agreement with your comment 10,000%. She needs to be terminated from service as a DPP. She is doing more harm than good in the running of the DPP office.Blunder after Blunder. That is not a good look for the DPP office. By her being local means nothing. She is doing more harm to the DPP OFICE THAN GOOD.
Being the lay person that you are, I would understand the short-sighted comment. Investigations first start with the police, whom I might add do not always do their jobs competently. Base on those investigation it is the duty of the DPP’s to build and argue a case against an accused.
From another BVI News article:
“A recent law enforcement review has recommended that there should be term limits for the Office of the Director of Public Prosecutions (DPP). The review suggests that the DPP should be appointed on a fixed-term contract, renewable at the discretion of the Governor.
The current appointment is without a time limit. The DPP can only be removed for “inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.”
The report suggests a fixed-term contract would be a better approach.
The current office holder, Tiffany Scatliffe-Esprit, was appointed Director of Public Prosecutions on May 5, 2020, after acting in the role since December 14, 2019.
The review also recommends that the contract should be for at least four years. This would provide more security for the appointee and allow them to learn the job, develop their skills, and contribute fully to the organisation.”
Pana will be on another man’s land by the time that appeal come through.
Man Gone!
As long as he does not head to the US. I assure you he will not last to long. The BS that goes on here and is allowed and tolerated here, will not happen in the US or other places outside the BVI. Of course he is going to take flight out of the Territory. Do you think he is going to sit around while the DPP is appealing which may SEAL HIS FATE? I am going to have my peeps in ST.Thomas and ST. John be on the look out for this guy including two police officers that I know on ST.Thomas and ST.John.
On the look out for what may I ask? The rule of law is rule of law, he is a free man and should move freely the DPP is a waste and too p***ous and a***gant and these lawyers know how to get it out of her to make her toss cases its simple. Too e****stical
She is addicted to losing it look like. The DPP is not competent for this job. It is obvious. She needs to be fired period.
I’m shocked
Try your best Tiffany. We have too much ———————-———— You got this. Don’t be affected by the negativities.
Good arguments by the DPP.
Her arguments were so good that the Judge tossed them out and directed acquittal – yet again!
YOW! BVI JURY DON’T GIVE A PHUK! Well they say he a police man son but gooot damn. This inhumane need to get up out this world very violently.
Isn’t she a local? Isn’t that what yall was bit@#ing about? To have locals in top positions?? Now, yall want to get rid of her LMFAO!!
I do not think that being a local saves her from her appalling record of confidently advising that prosecutions should proceed, and then having the proceedings frequently dismissed for lack of evidence at the end of the prosecution case and before the Defendant starts any defence.
It is time for a change!
She will promptly lose again. That’s all folks!
has the uk gone crazy or has the british virgin islands gone crazy?
Have you? (The answer is yes)
How does this DPP feel collecting a salary and loosing these cases. Clearly she has a godfather keeping her in her post.
She needs to leave that island * I want some of that a** next time I c u miss I the store I going to ask you out
Sir are you serious. Imagine you leave your IPhone in the vegetable stand in a famous supermarket. And after saw a face of the owner and took it to them after find them in ile. Before you can say think you. First word come out of your mouth is your should keep it let me jail you ..
She should realize with the amount of foul ups happenings under her she might be the one might need … I wonder if this was the intention in the first place, get her to the top spot cause it was obvious she’s go. A b**ch every case so just in case a minister gets in a bind they know it’s not that hard to win that case
If the Judge realised he’s the Judge of the law not the facts. What happened must have been really egregious for him to leave out evidence from going to the jury. Looking forward to hearing from the Court of Appeal on this one. Miss Justice Redhead in these trials. These two latest murder trials needs to be tried ASAP.
THE DPP NEEDS TO BE REMOVED FROM OFFICE. IT IS QUITE OBVIOUS SHE CANNOT RUN OR HAVE THE KNOW HOW TO RUN THE DPP’S OFFICE. IF YOU HIRE A SURGEON TO RUN A OPERATING ROOM AND THE SURGEON IS CONSTANTLY BOTCHING SURGERIES ARE YOU GOING TO CONTINUE ALLOWING THE SURGEON TO OPERATE ON PATIENTS BECAUSE HE/SHE IS LOCAL? IS THAT ANOTHER ONE OF THE NORMS ON THE BVI BOOKS? SHE STEP DOWN, RESIGNED FROM THE DPP OFICE OR GET TERMINATED, SHE WILL BE JUST FINE.
The lady is enjoying her rights / am supprised that the canary on the yello site hasn’t flex off his mouth on the white boyz / like the governor , Collins , Cindy etc for setting her up or trying to make her look bad ( free up yourself an take up her position , and let’s see how BAD U A Mr WIG
SHE MUST SIMPLY STEP DOWN. I TOTALLY AGREE, SHE IS DOING MORE HARM THAN GOOD. AND THAT IS NOT A GOOD LOOK FOR THE DPP’S OFFICE. SHE IS BUNGLING TO MANY CASES AND LETTING THE CRIMINALS BACK ON THE STREETS.
As DPP, she should have had at least 4 wins under her belt. She is constantly fumbling cases. The criminals love her due to the possibility that they may walk. Madame, this is not personal, this is business. Please seriously consider stepping down as DPP. There are to many mistakes going on in the DPP’s office under your watch. Like I stated, it’s not personal. I would agree, you are indeed doing more harm than good.
This DPP would go to your children’s career day or make a graduation commencement with the heading winning isn’t everything. lol
Good things. That SOB mu***red that woman.
They need to put him back up balo. We dont want his wi**ed tail in our community
Everything and everyone corrupt in this place. This Judge was corrupted and wrong. There were more than enough evidence to have a Trial. The way things been going people are not safe in this place. Criminals. Murderers. They all walking Free. The police did good work in this case. Sometimes these foreign Judges envy and jealous the AG and Govt lawyers when they hear how big their salaries are and how weak and incapable they are. Still this case should have gone to trial..
At some point you got to wonder if this dept really so less or is this a hustle.
An Aside:
What,motive did the defendant of have to unalive the deceased.
From the reporting,she was his willing cash cow and lover.
Stop with the unalive nonsense. Why have society, social media, and the Internet silence people from saying the word kill or murder…it sounds so stupid!
BVI, self destruct .
No sympathy here no surprise..
Unless you right your wrong accordingt to Mathew 7;6 the fall in the abyss continues.
What’s the evidence and facts of the case.
I’m convinced that this current DPP was strategically appointed for the purpose of enabling the big time crooks and those crooks in the Government. I would think
K that the former now convicted in a foreign land, Premier, would approve of her work performance.