Judge tosses video evidence coming from house where Erickson fled
A judge has decided to exclude video evidence in the matter involving St Ellmore Garraway, a man charged with perverting the course of justice for allegedly blocking police as they were on the hunt for his associate and one-time fugitive from the law, Nyron Erickson, back in July 2020.
Court records show that police retrieved footage from Closed Circuit Television, commonly referred to as CCTV, from the surveillance system located in Garraway’s bedroom.
The footage allegedly showed Erickson, the now-deceased Deverson Williams, and a few other men entering Garraway’s home at about 4 pm on July 12, 2020.
Police received information that Erickson was in Garraway’s home at George’s, North Side on the day in question along with several “associates” and felt they were in possession of drugs and firearms.
Later that evening, several members of the Royal Virgin Islands Police Force (RVIPF) executed a warrant at the premises on the belief that there were firearms and ammunition there. It was later signed with a note stating that “nothing pertaining to the warrant was found”.
Attorney Israel Bruce argued that the CCTV evidence was improperly obtained since the video that was seized was outside of the scope of the search warrant and in contravention of the Evidence Act.
Bruce argued that, due to the breach of the applicant’s constitutional rights and the failure of the investigating police to adequately comply with the requirements for judicial authority before searching residences, and seizing and searching personal property, the admission of the video evidence would bring the administration of justice into disrepute.
Judge Richard Floyd ruled that the search was improper and said the impropriety of the video seizure was heightened by the fact that once seized, the electronic equipment was searched without police obtaining further judicial authorisation for that purpose.
He said Garraway had a reasonable expectation of privacy in his video recording equipment, noting that it was located in his bedroom.
“The cameras depicted an area in and around his private residence. Not only did the police not have a warrant to seize electronic equipment such as video recording equipment belonging to the applicant, but they also went further by examining the equipment and extracting recordings without a warrant,” Judge Floyd stated.
He added: “To allow the improperly obtained evidence, the prejudicial effect of which far outweighs its probative value to be admitted in this case, would also be contrary to the applicant’s right to a fair hearing under s.16(1) of the Virgin Islands Constitution Order 2007.”
Kristian Johnson represented the Crown in the matter before the High Court.
Copyright 2024 BVI News, Media Expressions Limited. All Rights Reserved. This material may not be published, broadcast, rewritten or distributed.
Looks like the prosecution in these Virgin Islands not ready at all, I don’t blame Isreal Bruce for being here as a defense attorney and really doing what he is paid to do! The prosecutors who remain at the DPP’s office are only there to sport whilst the DPP herself is only about being vindictive and Me Me Me.
Bruce do what you have to do from one big case to another year them up
She has doubtful legal ability, little judgment and far too high an opinion of herself. She seems to have lost the confidence of her staff, and her response is simply more arrogance.
We have the finest judges money can buy.
Well judge, why dont we save a lot of money and just release all criminals. Would that make you happy?
Criminals have more rights than the rest of us.
Probably all on the payroll..
You know this and they cheap too not expensive at all.
LOL, it’s ok have fun. Cause no court or law can prevent the justice and karma that’s heading for all of them.
Karma……Judge, jury and executioner
Another clear cut case that not all laws results in justice.
Save your chips it’ll save you!
When are we going to get it right? There are too many cases where evidence is being thrown out because of how it was obtained. Do better.
They fully well known what they doing in that office. You see money. Say no more
I would really hope not because people will continue to look at our justice system as a joke as Justice is rarely served.
I am a police officer and these guys have been doing it for years. You civilians should learn from these cases. When the warrant is not in reference to something the police cannot go with it. they have been doing it and getting away with it. Inasmuch I want to see crime lessen in this country, there is a right and wrong way of doing things. pinning things on people is not the way to do it. But the administration will never remove these guys from that post. They knew they did not have the right to take the footage. Not the first time, thanks Bruce
I believe the police officers are on the payrolls of those guys and willfully do things to lose the cases. Officer, talk that and stop blaming the DPP alone.
You a wanna be police because no real police with sense would utter these words.
For your information I am a police, but the thing with you is that because you condone corrupt practices you have an issue with my statement. If it is wrong it is wrong. But because you have been entertaining the corrupt practices you will have no issues with it.
The dpp is to be blamed. She spends more time running the rvipf then the DPp’s office. Playing blame game with “i i I i I I AND me me me”.
The Office of the DPP should have known better that to even present should evidence or attempt to so do before the Court. Talk about a week DPP.
That ignorant dpp needs to go ASap.
The present and previous governors have done nothing to help to develop the civil service and the police force. The DPP’s office could only build a case based on the work of the police. It is clear that the police does not even understand simple evidence procedure. This is under the governor. They wouldn’t do their work but want to shine light on our leaders as ineffective.
this case against Erickson will be lost. the united kingdom don’t have any thing on him.
The same thing may happen in the Head Coach case, wait and see.
Now he can sue them for violation of privacy! You took CCTV from the man’s bedroom and went all through it despite not having a warrant for it? These people crazy?
we all know he will walk….
Both stephy and that judge doesn’t now what they’re doing, so therefore we’ll continue seeing criminals walking scotch free. Soon the HMP is going to be empty.
judges only follow the rule of law, if video is unlawfully obtained it cannot be used as evidence…
Only asking a question…..
If the police were carrying out “a search exercise” while looking for erickson on the said property, why and how is the tape exempted?
So was the entire “search exercise” unlawful?
Only asking because if a robbery occurs, and their is CCTV evidence (even from a building where the robbery didn’t occur), The CCTV evidence can be used. What is the difference here?
Bad news is never good news.
if this video is the only serious evidence against him that they have, then this whole case is a waste of time. I can’t even imagine why they would try to use this evidence, knowing they did not have a search warrant. Perhaps there is more to this jokingly useless evidence tying to be put forward. Is someone wanting to lose this case??
The dpp is running a one woman show office. everything is ME me mi.mee. and when something goes wrong is mr.police.
We need someone with a caliber of the likes of former DPP Mr Terrance Williams on these cases. Enough said let us see how this case plays out.
Deverson went from hanging out with West to getting green light by West. Life comes at you fast.
Go Bruce Bruce!!!