Sergeant charged with perverting the course of justice gets bail
The police sergeant accused of giving inconsistent evidence in a court matter has been brought before the Magistrate’s Court where he was released on bail.
Charged with perjury and perverting the course of justice is Sergeant Marley Sebastien who has been a police officer for 18-and-a-half years and who was part of the Premier’s security detail.
According to the Prosecution, the accused cop was a witness in the matter of the Queen vs Pamphill Prevost and Simon Power; both of whom are interdicted police officers 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.
Reluctant to testify a second time
Sergeant Sebastien testified on both those occasions but the Prosecution indicated today that Sebastien was initially reluctant to give evidence in the retrial.
The court heard that the prosecutor assigned to the Prevost and Power case received information that the defence counsel wanted the Crown to call Sebastien as a witness. The court was told that the Crown agreed and contact was made with Sebastien who then gave a signed statement.
It was said that prior to taking the stand when the accused came to court on February 22, he told the prosecuting attorney that he did not feel comfortable with the statement he gave. The court was told that Sebastien said he was not going to give evidence according to that statement.
The Crown then said that the transcript from the first time the accused gave evidence back in 2019 showed he was sworn in and in the cross-examination, he stated the evidence he gave was accurate.
Fast-forwarding to the retrial this month, the court was told that Sebastian was was sworn before the court, tendered by the Crown and cross-examined by the defence. The prosecution claimed that upon cross-examination, Sebastien gave material evidence that was contrary to sworn evidence that was given by him at the first trial.
As a result, he was reported to the Police Commissioner for investigation. The accused was arrested on March 1 after the investigation. The Crown said he was interviewed and subsequently charged with the two offences.
Sebastien was granted $40,000 bail with one surety by Magistrate Khadeen Palmer. Magistrate Palmer also ordered Sebastien to surrender his travel documents once they are in his possession. He was also instructed not to interfere with the investigation or the prosecutions’ witness in the ongoing trial of Prevost and Power.
Sebastien has been suspended from active duty by the Commissioner of Police.
The accused was represented by attorney Richard Rowe and the matter was adjourned until May 12 for reporting.
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The drug trade has infiltrated in Government, Police, Customs and Immigration.
The VIP will keep on complaining about the UK because the real problem is not something they want to shine a light on..
Do NOT take my word for it here is the link to the statement the office of the DPP release:
https://bvi.gov.vg/media-centre/statement-office-director-public-prosecutions-march-3
If this is not institutional corruption I do not know what it is
The two men before the court are being tried for conspiracy to steal which is one charge and NOT theft as stated by the DPP and was never before the court for theft not in 2019 and not in 2022 so why is the office of the DPP who would and should know better then release into the public domain a publication from her office with bearing its official seal and her signature which states false information. It would appear that because the charging of Marley Sebastien did not move the judge in the current trial to have the jury discharged a further attempt is being made by the office of the DPP to ruffle the feathers of the defense team so that they would act on her blatant disregard to misrepresent the truth.
In the above link the two men (whether you like them or not hate them to the core believe they did it or not ) are before the court for THEFT and Conspiracy to steal that’s what the link says but my spidy senses tingled and I did some digging and made a few xL telephone calls with my contacts within the court system and low and behold it (spidy senses) was right. It was confirmed to me by my sources that Neither in 2019 trial or currently during this 2022 trial were the two men ever before the court for THEFT. They are there on one count Conspiracy. So it is my belief that her (DPP) efforts are deliberate to manipulate and mislead but I am begging the defense team please do not fall for this bait. It’s just a pity that the sitting jurors will now see all of this on the blogs and who knows how it will influence them or their decisions and what will be the outcome. Well played Madam DPP well played. If this is not corruption to its core then what is. To the jurors be mindful, whether you like or dislike these two men, judge the case you are given, not what someone wants you to think Happened.
Is this intentional that her office would also lie about the charges? The same thing that they’re accusing the officer of? What is this about? Someone needs to report that DPP.
Does the DPP even go to the ongoing court case?
@institutionalcorruption – Nice sounding but powerless. A persons character reveals all….Those on trial are known from the inside out
Many unscrupulous characters are always before the court, but character is not what is on trial.
@reality you couldn’t be more wrong, its the flaws in a so called mans character that causes that man to steal, lie, forget the responsibilities of his job and live without loyalty. Many have started off at the peak of their powers but end up power less because of a loud lack of character. Every day that we live, our character is on trial and will face a coming judgement
It is interesting how you too are playing with the minds of the jurors, but claiming that the DPPS. I wonder what the jurors will believe when they read your blog???
Why do you take such interest in this case, that you are doing “some digging”?
Who is holding the governor and police commissioner accountable?
It have more perjury to come. Always lying, lying and more lying. Barry say you will hear.
Well well mr Sebastian this doesn’t look good for you, do you remember those words when you came to my house a crooked cop will always be a crooked cop.
If there was a preliminary hearing held in a defendant’s case and you testified on the State’s behalf, then the prosecution may be able to admit the witness’s testimony into evidence at trial if the witness refuses to testify, does not show up or is unavailable at the time of trial.
My one cent of admonition to the accused officer: Is obey the Court’s Order. Courts are to be runned in an orderly manner and the Police is bound to uphold the law not lower it. By your action, you are saying among other things I am not qualified, I am disrespectful and not fit to serve!
Old Police you were never a good police if you actually wore the uniform for true. All you talk is pure bull. Hmmm and institutional corruption I will really like people to read your blog it makes a lot a lot of sense.
The DPP and those prosecutors along with the Ag Deputy Commissioner of Police and the Commissioner of Police should be the Ones charged For the offence of “Perverting the course of justice”.
Their action is unethical and degradation to the Law profession. To say the least.
It is disgraceful to see how low that a person who should be filled with integrity is going. Wow. Not fit for that office.
All I see in these comments is a lot of police officers trying to defend the corruption of their own. They knew what was going on. They need to just hush and watch.
Set of jokers
the police need a coi, they are full of crooked cops
Are most, if not all those cops from dominica seems to be corrupt?
Did this officers’ reluctance to testify again in this retrial and his reported provision of contrary testimony to that which he previously testified to under oath an indication that his apparent change of heart was to protect the two officers who are being retried?
If that proves to be the case that will amount to a rather dumb move on his part. Why would he tarnish his 18 years plus of service on the force? Why throw it all away by not only risking his job but also his freedom. Makes absolutely no sense to me to do something like this.
No friend/collegue is worth your freedom or your losing your job.
Every man/woman to their own order. If someone is accused of wrongdoing, they should face the judge by themselves unless of course you have knowledge that they are innocent of the charges.
There is not a man/woman born yet who I will throw away my career or risk my freedom.
On another note, I find it fascinating that the Crown is going after him for his alleged perversion of the course of justice. To my knowledge this is first.
He wasn’t the only reluctant one.
In fact he not wanting to come tells me he probably knows that the crown’s case was based on lies.
I have heard that almost every witness in this case was forced to testify by the crown.
None of the witnesses wanted to come forward.
Why?
Well the issue here is not so much his reluctance per say albeit that may have caused him to purger himself.
The core issue is the apparent discrepancy between his prior sworn testimony and his most recent.
That’s what has apparently landed him in the prosecutors cross hairs.
cos he want to live man – he is witness against them he is a marked man
Cases in the BVI take too long to be heard, and it is expected that persons will remember every little detail. People should be entitled to a speedy and fair trial.
The office of the DPP is in dire need of leadership.
Exactly, so now it looks like the man perjured himself when he probably couldn’t recall simple details or maybe just realized he missed something and hence the issue at hand.
Let my people go!!
I wonder if Sebastian received threats – hmmm
and still no pics of the smiths from the big buss.. but everybody else pics they can post.. why is that?
Lol, You think you know what you are saying, but obviously you do not, and so I wouldn’t dare debate you. Sebastien will need make that call for himself! His question, is do I cut off my nose for others happiness? Cows don’t speak for want of a tongue! I presume you are not a cop, and if you are I won’t be surprised, the current calibre is way below what was available two decades ago.
Law enforcement needs to develop a culture where the corrupt Officer fears the incorruptible Officer and not the other way around. Be Brave.