BVI News

Those who arrested Sebastien perverted the couse of justice

Sergeant Marley Sebastien

Former BVI police prosecutor Jefferson Knight has posited that police officer Marley Sebastien was arrested maliciously and those responsible for his arrest are the ones guilty of perverting the course of justice.

Sebastien, who was part of former Premier Andrew Fahie’s security detail, was arrested and charged earlier this year with perjury and perverting the course of justice after prosecutors claimed he gave conflicting statements to the court while under oath. However, the case against him was dismissed in the Magistrate’s Court after the Office of the Director of Public Prosecutions (DPP) prosecution repeatedly failed to produce the transcript to prove that the officer gave conflicting information under oath.

Speaking in an interview with 284 Media recently, Knight said the judge ruled correctly in dismissing the case against the officer because he shouldn’t have been arrested without the supporting evidence in the first place.

“The law makes it clear — you need that transcript — whatever the person would have said under oath. It is a legal requirement. If it is a legal requirement, how can you arrest an individual, charge him and put his name before the court without that legal requirement? You say that is breach of trust, let me call that perverting the course of justice. That is the perfect case of perverting the course of justice,” Knight said emphatically.

When Sebastien was charged, he was granted $40,000 bail and ordered to surrender his travel documents. He was also suspended from active duty by the Commissioner of Police.

Knight said it was also wrong of the DPP’s Office to instruct the police to arrest a citizen because they don’t have the legal authority to do so. He said something is terribly wrong with the manner in which the Royal Virgin Islands Police Force and the Office of the DPP is bringing criminal charges before the Magistrate’s Court and called on residents to take a stand against these actions. He said persons in authority should be careful as their actions may trigger lawsuits from citizens who are dragged before the court without good reason.

“There are provisions on the fundamental human rights of freedoms which clearly express [that] if you believe that your fundamental rights and freedoms were contravened, especially by persons in authority, you are entitled to seek redress in the High Court of Justice,” Knight argued.

After the case against Sebastien was dismissed last week, the Office of the DPP filed an appeal, contending that the decision to dismiss the matter is unreasonable. The DPP further sought leave to amend the grounds of the appeal as and when the record of appeal becomes available.

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18 Comments

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  1. She can’t take the done says:

    The DPP knows why she behaving this way with Officer Sebastien. A lot of us in the public know also.

    Like 16
  2. Rubber Ducky says:

    The rush to arrest the officer was an attempt to pervert the ongoing trial in which he had just given evidence. There was no need to rush to arrest and charge him so quickly but the DPP hoped that the jury in the trial would be influenced by the fact he was charged so quickly. It was a disgraceful action by the DPP. Her record as DPP is appalling and she needs to be replaced asap.

    Like 16
  3. well says:

    We first need to appeal for the current DPP to LEAVE her post.

    Like 20
  4. Lol says:

    She need to step down. Why is no one seeing that the lady is useless???!!!!

    Like 13
  5. STOP IT! STOP IT! says:

    STOP BADTALKING THE LOCAL LADY

    Like 3
    Dislike 18
  6. Abuse says:

    The DPP was the unethical one who speedily tried to arrest and charge the officer hoping that the mind of the jury would have been affected by those actions. The DPP needs to go! …. She will bring more shame and disgrace on the legal system in the BVI. Oh! She will attract a lot of law suits as well.

    Like 14
  7. stupidness says:

    how much ppl have case pending and in jail waiting for DDP to get evidence to prove they are guilty?? why should a person get arrested and still have to wait months and years for DDP to get evidence to prove they are guilty..why u arresting ppl with no hard evidence!!

    Like 14
  8. @she can’t take the done says:

    I don’t know. Please tell!

  9. @Stop IT! says:

    As a fellow local, the truth is the truth, she is ignorant and incompetent, I sure it has better local choices.

  10. Ok with UK says:

    The COI was more needed to law enforcement than anywhere else. But because it was under the governor it was not looked at. Corruption and bad practices only happen under the local ministers. Look at the embarrassment being caused with the police and the DPP’s office. They can’t win a case to save their lives. They don’t have evidence but they are arresting and charging people. The judge said that Officer Sebastien did not commit perjury. He gave the same evidence that other persons gave on the matter yet the DPP still caused the police to arrest and charge him while the trial was still in progress. Once it’s the UK it’s ok.

    Like 7
    Dislike 1
  11. Talk that says:

    Its these dumb uneducated police officers who are messing up the DDP’s chances

    Like 3
    Dislike 5
  12. Samuel says:

    We need a new DPP. She is in over her head, plain and simple and the former Premier knew she was when he fought to get her appointed. She need some seasoned advisers to assist her but it’s unlikely she take their advice.

  13. True says:

    And they keep doing in.

  14. Neil says:

    ask Thomas he will tell you about the desk. ayo late finding out. Naughty naughty shame and blame

    we all know

  15. Staff says:

    From time she got the evidence about the police human smuggling and was excited about prosecuting then when the cop called she backed down she lost her credibility with me hence she must go fast

  16. Smh says:

    @staff,I want you to explain what is human smuggling?if you are really a staff,this bvi is in deep trouble.

  17. Anonymous says:

    No we all don’t know shine the light a d let us know. Because she needs to go home she take everything personal

  18. prosecutor misconduct says:

    that is misconduct by the dpp,but what is the governor doing about it and what about the jlsc

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