Judge: Police ‘murky the waters’ in Hasani Frett murder case
High Court Judge Thomas Astaphan has admonished the police for seeking to “murky the waters” as it relates to their investigation into the fatal shooting of a man on Sunday, February 12 this year.
Hasani Frett was curiously charged with murder, inflicting grievous bodily harm, and possession of a firearm with intent to endanger life after surveillance footage of the incident showed multiple masked bikers surrounding Frett’s vehicle while he and a male passenger were inside. The passenger opened fire killing one of the bikers before fleeing.
Judge Astaphan raised his concerns about the police during Frett’s successful bail hearing last Friday.
According to the judge, the investigative officer’s sworn affidavit, which the Prosecution relied on to object to Frett’s bail application, was largely baseless and speculative.
Citing the affidavit, the Prosecution argued that the “firearm (firearms)” used to commit the offence was still at large and that Frett, if granted bail, could make efforts to “further conceal and possibly destroy these/this weapon(s)”.
But Judge Asphan raised two main concerns about that argument. The first surrounds the fact that the authorities kept suggesting that there were potentially multiple guns involved in the shooting. However, based on surveillance footage captured of the incident and a subsequent ballistics report on all the spent shells recovered after the shooting, only one gun was seen and used.
The judge’s second contention was the police and prosecutor’s choice to use the words “further conceal”, which suggests that Frett had made previous attempts to hide the weapon. When called on by the court to explain how he came to that conclusion, the investigating officer said it was because Frett had removed the license plates from his vehicle to ‘hide from the police’ after the shooting happened. But Judge Astaphan said the reasoning was strikingly speculative and said it was far more likely that Frett was in hiding from the group of armed bikers that surrounded his vehicle and made threatening gestures on the night in question.
Judge Astaphan said the authorities’ reasoning only served to “murky the waters by inferring that he (Frett) had a gun/guns”.
He described the statements as misleading and suggested that they prejudice Frett. He further said that most of the Prosecution’s arguments to oppose bail were “hollow speculation” and lacked factual evidence.
In the end, Judge Astaphan granted Frett $80,000 signed bail with a $20,000 cash component.
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The last time I check, such prejudice is an abuse of the court process and infringes upon the rights of the accused to a fair trial and due process. There was no basis for the arrest or murder charge. Firstly, it is clear he was not the shooter based on the prosections own surveillance. Second, even if he shot someone, it was self defense based on the prosecutions own surveillance. The greatest charge would be unlawful possession of a firearm. They have no evidence that he possessed anything whether lawfully or unlawfully. The whole police situation under the UK commissioner of police is a crying shame and the DPP has no greater sense to ask them to get their shite together before coming to her. Why they using my tax money to prosecute someone whose life was almost lost. To defend some imbecile whose identity i do not even know. The imbecile who decided to kill a human being. Why arent they helping the accused victim to try to locate the other imbecile attackers that night. Justice system in the bvi under UK COP and UK Governor gone to the bin. They really keeping you all under the category of 3rd world, even 4th world country.
Do you think it’s a coincidence that Hassani knew the the guy that they shot all of them were hanging out last year when he was here on vacation along with the cousin that went missing the set him up and looked him because of what he knew
This is just embarrassing. The DPP should never allow this sort of evidence to be produced. She is out of her depth, not competent enough, has no judgment and is extraordinarily arrogant. She needs to go.
those new police from the UK and Caribbean islands you mean to tell me they still doing this nonsense.
In place like USA this guy would of never got bail, because for one he know who’s the shooter and would not say. So therefore some kind of chargers would of been charged against him. POLICE FORCE AND DPP are a total waste of time.
Thus for one I have no respect for any OFFICER and secondly I’m with the public when they say it’s time for a new DPP
That’s exactly what they are doing. Trying everything to make him look guilty, when to an extent that young man IS a victim and could’ve been deceased currently.
Police jumped to conclusions from the VERY beginning.
Up to now we not hearing anything about the other scooter riders. I’m sure the deceased had known associates, INVESTIGATE them.
He should not be on bail until he provides info on who the shooter is.
When will governor act on the DPP? He is busy doing everything else while the things under him are a mess. The public has not confidence in the police and no confidence in the DPP’s office.
@ Mad Max. You are really mad to the max.
“In place like USA this guy would of never got bail, because for one he know who’s the shooter and would not say”.
So what charge on the law books would they hold him for? Unless the investigation can show that he committed an offence, they have nothing to hold him for, even in the good ole US of A.
Stop typing nonsense for crying out loud.
The harborer is worst than the thief. This is the worst decision. How could you let this man go on bail. He hasn’t given up the name of the actual shooter who shot from his vehicle while he was in the vehicle which makes him accessory to murder. He should be charged with the murder since he has not given up the name. Only in the BVI. He has access to so much money from ** so he can skip down anytime smh.
He is Guilty but the police just need to follow the evidence do their work properly and thoroughly and stop trying manipulate or recreate the evidence for him to look guilty. That is exactly what the judge is saying….Same as OJ case.
very extraordinarily arrogant
Overzealous police eager to lock up bvislanders.
How is this woman still in office? I know that she was born here but she has very poor legal ability, no judgment, and is extraordinarily arrogant. How does the Governor put up with her? It is time for a change of DPP.
another loss for the dpp
Is in on it. If he knows who the shooter is he should not be let out on bail – full stop. Judge is incompentent
This is the reason why we cant let the police bill pass… Cause police will do there best to turn innocent people into guilty ones
this is just another episode of what next ??? welcome to the comedy club ?
Dpp needs to go Asap.
Remember the DPP telling standing Finance Committee these words” No one can tell me who to prosecute”.
But when the Government of the British virgin Islands is tired of paying out money because of the DPP’s incompetence,I hope that the DPP will know who to Prosecute and who can tell the DPP who to prosecute.
Where is the Deputy Commissioner of Police,the Suprintendant, the Chief Inspector and the Inspector of Police that Crime Falls under,
Where are they? Stop making this DPP have you all like fools.
But again it shows that you all don’t know better.
@mad max I think you really mad talking piss
Ain’t no lost it’s simple common sense the man isn’t the shooter the man could have been killed n we would be here mourning the lost of a other local young man but here we found someone masked up with 2 gun n got killed who should really be penalized? Free the young man plz he’s innocent the guy fear for his life
Better police training needed. They need to know the law before they try to enforce it as well as know the difference between speculative and evidence. This is an embarrassment that we can not afford.
Curious- why is he not charged as an accessory to the crime? He may not have pulled the trigger, but he was the get away driver. Can he not be charged with interference for not cooperating or being forthcoming on who the shooter is?
Bring in more UK cops. Better training is needed and we can’t afford this type of leaning curve. Police speculations should not have been brought to court.
The DPP is bleeding the public purse dry and is a detriment to this society. When is enough, enough?
I suggest you do some reading to educate yourself on the right to liberty before you post things like this that make very little sense. Remember, when you encourage injustice for others you open the door for it to happen to you.
Good for this man. Thus a real a real judge with sense with the obvious theory in this case. Hassani can sleep through this trial IF the prosecution, who been on a streak ? don’t drop this case.
HALF THE BVI NEED TO BE IN JAIL THEN BECAUSE EVERYBODY KNOWS WHO DOES SELL WEED, AND IS BIG DRUGS MAN.. STOP TALK CRAP
ITS CALLED SELF DEFENSE PPL..ITS MAN SLAUGTHER DO NOT CONFUSE IT WITH MURDER
This judge, who ever he is, is a total joke. Seems to me that he cannot differentiate between the fact that he is now a judge and not a defense attorney anymore. His job was to listen to the bail application and not to dwell into the evidence. From his comments, seems as though he has already concluded that the man is not guilty and that is unfortunate. I really don’t think this man is ready to be a judge and he should be recalled immediately.
Out Law, thank God that you are not the Magistrate or Judge because my,my,my. All the citizens of the BVIs would be in jail for just walking ?♂️ on the Road, well sah.
Did you read what was said by the prosecutor and the questions asked or statements made by the Judge.
Well if you read them you surely did not understand or you are related to the DPP.
@lol, you surely do not understand rules of law and principles and I think you totally missing my point. What the just did there is dwelling into the purported evidence at a bail hearing. If he was even mindful of granting bail, he should have just do
It and save his reckless comments. It was not a trial, it was a bail hearing. I am fully cognizant of the rights and freedom of an individual and the fact that a man is innocent until proven guilty but for this just to be touching on aspects of the evidence in a bail hearing is totally unacceptable and any legal mind can tell you that.
Judge is to be impartial, fair, unbiased and follow the laws. He must not pass judgment until the matter is heard. It was a bail hearing and not a trial, the comments he made should have been at the trial and not at the bail hearing. In my opinion, he was not impartial, fair nor unbiased.
They can’t say he was a getaway driver. They didn’t drive there to commit the murder. They were just sitting there and the deceased man attacked them according to the very DPP. I too was thinking maybe they can charge accessory but if it’s a surprise situation that screams self defense again based on what the DPP said in court, how can they really prosecute Hasani? He can just claim that he doesn’t know the passenger, ptsd so he can’t remember details of the event and many many more claims and then what.
I think they should have tried to go after the deceased accomplices. In the good old USA, the accomplices would have been charged for the murder since they set out to commit a crime that got their friend killed.
Even if the shooter turns up, he could plead self defense and probably only get convicted of having an illegal firearm but not necessarily murder. Murder has to show intent.
not ture usa love bail it the land of the sue