BVI News

Prosecutors brought wrong man to court, says Davies

Attorney-at-law Daniel Fligelstone-Davies of Silk Legal

Local attorney and commentator Daniel Davies has alleged that prosecutors recently brought the wrong man to court and suggested this was the reason a murder trial fell apart.

Davies suggested that Essadro Jefferson, a man who had spent roughly seven years in prison, was found not guilty when he appeared in court earlier this month as a result of the prosecution’s glaring negligence.

Jefferson was on remand and in prison since 2016, charged with the attempted murder of David Springette.

“I really think that is a genuine case where the… prosecution perhaps brought the wrong person before the court, because, suffice it to say, without going into details, the description that the deceased person described before they died, that they had — the police managed to get a statement from the deceased person — and with respect to Mr Jefferson, it wasn’t him that he was describing,” Davies said on the Hot Seat radio programme.

“It’s quite wild,” he added.

According to Davies, the prosecution attributed certain physical features to the murderer during the trial that were clearly not present in the defendant, Jefferson.

”A set of nonsense!” Davies stated.

The attorney further explained that Jefferson may be disinclined to bring a case against the government for malicious prosecution because of the need to prove intent.

“[He cannot sue] unless he can prove that it was done with an intention other than bringing someone who was believed to have committed an offence to justice,” Davies said. “So in other words, you have to have the intention other than bringing someone to justice in order to sue—well, in order to be successful in a lawsuit.”

Jefferson was remanded once again following the verdict as he also faces other charges in an unrelated matter.

A woman was also found not guilty in relation to the same matter in recent weeks after the court accepted what is known as a ‘no-case submission’ from her attorney that said the prosecution presented no evidence to suggest she was involved in the murder of Springette.

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15 Comments

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  1. Time for a change says:

    We urgently need a new DPP

    Like 21
    • Anonymous says:

      BIGGGGGGGGGGGGGGGGGGG FACTS!!!!!! SHE SHOULDN’T HAVE GOTTEN THE POSITION IN THE FIRST PLACE! POWER HUNGRY AND DONT KNOW HER HEAD FROM HER FOOT! SHE AIN’T EVEN GOING COURT LIKE OTHER DPP’S TO TRY THOSE COMPLEX MATTERS BUT SENDING HER MINIONS TO TAKE THE SHAME. SHE CAN’T EVEN GET THEM TRIED CAUSE SHE KNOW THE CHARGES AND EVIDENCE IS BOGUS!

      Like 15
      Dislike 2
    • Tryst says:

      Courts are in chaos – Why are so many things being dealt with by Judges that they know nothing about

  2. Big man says:

    The Government needs to amend the law to make every DPP, whether local or not to be on contract for two years with possibility of extension if they perform well.

    Like 22
  3. One love says:

    He Kittian that’s why.So was Jeff.

    Like 2
    Dislike 1
  4. wait? says:

    This man in jail 7 years before he even got a trial? is that normal?

    Like 10
  5. Prosecutor says:

    She will not wins any cases cause on the outside there is allegedly a big cheque awaiting her ,if ayo check ayo will see she getting pay out to loose all these big cases

    Like 1
    Dislike 2
  6. hmmmm says:

    The DPP’s office, the Virgin Islands Police Force, the Attorney General’s Chambers and the Magistrate’s in the BVI are failing us tremendously. I thought these things would’ve been revealed by the COI but noooo we have to rely on people like Jefferson Knight (who don’t let up on the DPP and RVIPF) to continue to call for these incompetent people to be removed from office. The AG is not giving HR the legal support they need (every single Government Department complaining about her and the inefficiency of her office) look at how many people judicially reviewing the government right now, the DPPs office is ineffective (look at this case), the RVIPF (need I say more look at all the things in the media about destroying evidence etc.), look at the Magistrate’s who issuing search warrants under wrong legislation and without evidence to support it. People sitting down for years and can’t go before the Court and to only find out they are innocent. This arm of Government (which is under the Governor if i might add) if the weakest branch and you mean to tell me that NOTHING under these was mentioned in the COI. Is the focus really for the benefit of BVI people or to fulfil an agenda? Come on BVI wake up!!!!

    Like 12
    Dislike 1
  7. John crow says:

    They need to take her a&$ from there she is the wrong person to have that position. Most of the cases she judge is not about cases but personal. That’s who the COI need to investigate…Take a survey of the cases that she was over and you will see!

  8. Simple. says:

    The DPP is on the payroll.

    Like 2
    Dislike 1
  9. Rubber Duck says:

    Just more examples of the incompetence of the people in charge.

    Can they really not do it, or do they simply not care?

  10. @ Wait? says:

    It’s normal in Israel if you check closely BVI isn’t that much different look beyond the dollar and you’ll find some serious mess.

  11. Good Lawyer. says:

    When will we take prosecution seriously and get serious and capable people. So a man spent 7yrs of his life in Prison because of Police negligence and incompetence and it goes for nothing.. Father we need your interception in this land..

  12. A Concerned Lawyer says:

    This story represents a human rights abuse scandal. It is shocking that a man is detained for 7 years on the basis of a witness statement from a since deceased person which identified the physical features of a different man as having committed an alleged murder. This narrative is beyond belief. Shame. The DPP should issue an explanation and a humble apology to the wrongly accused man and to the public, minimally. Accountability is required.

  13. UWI says:

    law schools are weak on legal education so you get what the BVI has now – incompetent inexperienced young graduates hired by the DPP, AG’s chambers, etc.

    Like 2
    Dislike 2

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