Westcott acquitted! Man accused of Nickera Smith’s murder freed
Ashan Westcott, the man accused of the 2016 murder of Nickera Smith, has been acquitted.
Westcott was freed in the High Court this morning, Wednesday, June 26, after his attorney, Israel Bruce, successfully made a “no case submission.” Effectively, a ‘no case submission’ is a legal argument asserting that the prosecution had insufficient evidence to warrant a trial or conviction.
Upon hearing the submission and reviewing the case, the court agreed that the evidence presented by the prosecution was insufficient to link the defendant to the crime.
Presiding judge, Justice Stanley John, therefore instructed the nine-member jury to return a not-guilty verdict due to this lack of direct evidence. Addressing the jurors, Justice John stated that they had no discretion and must return a not guilty verdict for Westcott under the circumstances.
The judge noted that the life of a young woman had been tragically ended and he sympathised with the victim’s mother. With this in mind, he said that while the verdict brings a sense of unease, it was his duty to consider the evidence presented by the Crown and determine whether it could lead the jury to a reasonable conclusion.
Westcott, who has been on remand since February 2020, was immediately released thereafter.
The Crown was represented by Director of Public Prosecutions Tiffany Scatliffe-Esprit.
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Lord have mercy. Tiffany Again??????? when will this end?
The judge wrong! He should have let the jury decide. Too many criminals on the streets because our courts are inefficient.
Some of these judges do a set of nonsense. Why have a jury then.
The Judge can only work with the evidence that the DPP presents. The DPP has to make a judgment as to whether the evidence that she has is sufficient to convict the defendant. Again and again the DPP gets this wrong. She is clearly the biggest hurdle to the proper administration of justice in the BVI and she must be fired.
I don’t know how many more cases have to be lost before they get rid of the dpp. My heart goes out to her mom. all these years of waiting for justice only for it to end in heartbreak.
They may not Have had enough evidence, but it does NOT mean the lil dem●n is in—–t. I feel for her family because losing child is enough pain and not getting justice just adds more pain and heartache. BUT, hope is NOT lost and I want other families that need justice for their loved ones to remember that. Also, justice can come in many shapes and forms….let him feel he’s free to roam the place.
They had sufficient evidence, the DPP is just hopeless and cannot present a good case.
Was it the DPP who went out and got the evidence? I do not understand why she is being blamed. The police force needs a good overhaul.
And if the Police don’t bring forth the evidence, then the DPP should not lay an indictment. Simple!!
And if the police didn’t have enough evidence why the dpp even bother putting forward a Case? They have to go over it and decide before prosecuting… Oh boi
How can the DPP not bring a case with those evidence that were brought forth? Then she would be criticized to the max for ignoring crime.
The judge said there was not enough direct evidence. Where he came from people are convicted of murder with less evidence. Was he expecting an eye witness at the scene of the crime. People seldom do those things for others to see. That’s why convictions can be based on circumstantial evidence once it is adequate to meet the required standard of proof. Some of these cases have telephone records with significant information and the judges are ignoring those things. Judged make stupid decisions too.
If they had sufficient evidence why he received a not guilty verdict? From the judge and not the jurors. Is the judge incapable of doing his job? I would like to know if I’m following the same case as the public. I’m no attorney or what’s ever but nothing that was presented seemed incriminating to me. Justice should be served yes but these bloggers makes me question if some of you were present the night of accompanying the young man. If he is guilty there is a judge he will have to face. No judge greater than God himself.
unfortunate all from all angles.
Has high court ever convicted anybody?
Yes the high has,many times
Paying that DPP is a waste of our tax-payers money. Getting paid big bucks and can’t win not one case…Just shameful! No justice! GET RID OF THAT WOMAN
I am not surprised any more suspects coming to court will go free because the office of the DPP is incompetent. My question is the DPP does not hire herself so please someone tell me who hired her and continues to keep her there in the midst of this shameful mess.
And another one gone through the hand. She’s very good on media blitz for likes but public opinion and court of law are not the same. When officers does not perform to her standards she will quickly send the CoP a letter about her disgust and disappointment. Who exactly review the ODPP and failure under her lead rship? Suitcase for the suit case!
Unbelievable. Rest in peace girl, his day will come
He will soon be as crazy as a bat. Watch and see where he ends up. A mine is a terrible thing to waste. Every man has a conscience and when that starts betting up on him, he will say her family is working witchcraft on him.
TS-E is a joke!
the dpp is so less i knew he would get free, they couldn’t lawyer their way out of a wet paper bag
How many cases is her office going to lo0se? This is terrible. It appears every high profile or meaningful case her office takes to court comes up way short.
Something is wrong with that picture. You have a DPP office which cannot get a conviction if their liv3es depended on it and that’s a darn shame.
Criminals are walking free while the DPP Office fumbles. Disgraceful.
The DPP Office should not be bringing forth cases with insufficient evidence that a judge have no other choice than to dismiss. This is just awful, especially for the family.
Now, it must be said that everyone accused of a crime should be presumed innocent until proven guilty, and if their is insufficient evidence as is being alleged here in this case, they should be set free. It’s the way the system works.
It is up to the investigators and the DPP Office to get it right. Unfortunately, IMO, the DPP office is letting down too many families that are depending on them to give them some sort of justice for their love ones.
They need to find her ex-boyfriend and question him
Ashan was her man…
Ashan was her man, why you think she was so comfortable with him and didn’t see her demise?
Did he pick her up from her house with all that money in her sweater then she disappeared? Poor lady thought he was really taking her to purchase a vehicle in the night?
What ex boyfriend? Tell me who you are referring to.
The ex boyfriend I assume you’re referring to was questioned. Ashan was not her man.
Ashan and Nick was in an alleged sexual relationship my dear. As for the ex he had already moved on. The cops questioned him and he was clean as a whistle so back off the ex boyfriend.
And I know she had a ex boyfriend and he was questioned. So what’s really happening??
The ex was questioned and it was determined that he did not have anything to do with her murder
There simply is no justice here in the BVI, the system is broken and jurors rarely convict one of their own, let alone the judge directing no case to answer! Something has gone seriously wrong and murderers continue to walk among us. I know I will get shouted down but this needs UK intervention the justice system has collapsed.
The kid is a good kid. Lock up person with out have the correct evidence on them is wrong. His character has been destroyed and painted bad for nothing. Person with think he still guilty when he innocent. Move forward and find the true killer.
Is he the real killer? so shut the F up.
It was found that there was not “enough” evidence to convict him, was he innocent?
And what character is that might I ask BOBO? One thing I know is if I see him on the street or anywhere he better not get to close up in my space. He murk that girl. I hope when his head hit the pillow he see her face staring at him. The DPP is weak, where the hell she got her law degree from? ONLINE? She fumbles every case. She should do the right thing and step down. Oh jeeze, I hope when it is time for the trial of the ones that killed the lady with the AK 47 Blick aka gun the DPP does not set them free. Get ready for that one.
Like I said he will win and he did his father was a cop and for that he was away going to walk, Miss DPP let go of that island man, let me f**k. And u will win case
Wow! look how these criminals are getting to roam the streets.
People are blaming the DPP, but she does not go out and investigate any cases. I blame those who are gathering the evidence and presenting it to the DPP’s office. They are the ones that are lacking.
The DPP has a responsibility to vet all cases she decides to prosecute. She should know what evidence is needed to gain a conviction and if evidence is lacking, get the investigators to give her what she needs.
It’s outrageous to suggest she has not culpability here. There is a pattern here with this particular DPP. She cannot win cases lack of evidence or not. The defense lawyers are running circles around her to the detriment of justice for the larger public.
I don’t blame the defense lawyers for doing their jobs and what they were hired to do, but I believe the DPP has fallen short too many times and needs to be replaced.
She should do the public a favor, and simply resign.
How does one “vet” a case?
I agree sone vetting needs to happen.
The BVI needs to vet the police they are hiring. Don’t worry. Karma is a bit.h.
What I mean by vetting a case is this:
The DPP should know the law and the burden of proof she will have to proofer to the court in order to get a conviction.
One of the decision that has to be made is a determination of sufficient evidence to obtain a conviction at trial.
If the DPP is convinced based on the law that they have the goods, then and only then they should take a case to trial imo.
The burden of proof is on the prosecution to prove their case in criminal court beyond a reasonable doubt. Failure to have sufficient evidence leads to the the kind of result like what happened in this case.
Don’t bring cases that cannot be proven beyond a shadow of doubt. If more evidence is needed its the job of prosecutor to seek it and ensure the evidence is solid before taking the case to trial.
Simply is a matter of understanding the law and making wise judgments.
A good DPP would not take cases to trial with inadequate evidence.
So vetting simply means the prosecution has a duty to review the evidence given to them and determine if there is sufficient evidence to proceed to trial rather than going to trail regardless.
If there are holes in the case, there is noting wrong in my opinion than awaiting further investigation and evidence gathering.
Poorly vetted cases ends poorly. I have never seen a DPP loose so many cases, and its troubling at this point. It’s incredulous.
All this does is leads to a cycle of violence as those who are victims feels they cannot get justice and perhaps will take the law into their own hands making mattes worse.
Furthermore, it erodes trust in the justice system for the rest of us who will walk away thinking the system is of no use.
Perhaps she needs to start going out on crime scenes with the investigators.
I done tell you you too small to satisfy a big woman like me
London u can’t win no case f**kin drunk man needs to start sending them police back home in …
Im happy you coming home.
You happy he coming back home …? Your CUZ IS GOING TO EXPERIENCE WHAT STREET JUSTICE IS ALL ABOUT SON.
I am able to say that this case wasnt lost on lack of evidence, but on lack of proper legislation to have the key evidence admitted in court. This is a failing on the legislative body of the BVI who rather spend time and money on parties than debtaing DNA leglislation etc. Do better BVI
If the evidence was so “key” why they ain’t use it?
There’s no rest for the wicked, you may have gotten away free due to a lackluster judicial system, but you’ll forever have to live with the guilt of what [if you] did, you’ll see Nickera in your sleep every night. So you’re free on the street but you’re not free within your soul.
Another k—a free again
All we could do is mark them names and keep from them buddy cuz dpp not keeping them in jail.
So glad USA does take of we criminals. At least they would win and put them in jail for a min
THIS INEPT, INCOMPETENT BBBBBBBBB OF A DPP NEEDS TO GO. THIS BBBBBBBBBBBB IS ALWAYS BLUNDERING.
Has anyone been convicted of a murder in the BVI? Its a murderer’s paradise. W
You know I going appeal that!!
STREET JUSTICE WILL BE THE JUDGE. DUDE YOU BETTER GO GHOST … THEY JUST AD YOUR NAME ON THE GREEN LIGHT LIST IN RED INK. ALL THOSE DUDES THAT THE DPP LET GO CALMING THERE WAS NO EVIDENCE AS SOON AS THEY STEP OUT OF PRISON THEY GET …. THE LAST ONE GOT BLOWN OUT OF HIS CHAIR FROM BEHIND WHILE DRINKING A COLD BREW. STREET JUSTICE IS GOING …. YOU SEE DUDE WALKING THE STREET GO ON THE OTHER SIDE OF THE STREET YOU SEE DUDE IN THE CLUB BACK AWAY YOU SEE DUDE IN A CROWDED AREA BACK AWAY ….
Stinks worse than a rotting skunk. What is up with this incompetent stupid DPP? THE JURORS IS JUST AS STUPID AND INCOMPETENT. I bet the majority of the jurors is related to the killer. His father who was a police hands was all up in the case. Somehow he got into the DPP head and convinced her to let his ki**er son walk free.
@:The BVI JUSTICE SYSTEM
You didn’t read the article. This was ‘a no case’ submission which the court upheld. It did not get to the jury so what are you really saying?
I hate to read what some of you have to say!
I agree with you but In some cases jurors are far off relatives, close family friend, friend of a friend of those in high court. Some juror’s might tell the truth and said they’re a close friend or family friend etc while some might hide it knowing how we bvi people sometimes defend wrong doings of our friends and family.
Some juror’s l
Note that the bvi government and other locals were actually planning a motorcade for Andrew if he had got off…. Despite seeing for our selfs black and white evidence of tape recordings with our then disgraced premier.. smh
Yet were the jurors selected all the opposite and close friends with the deceased?
You obviously is commenting without reading the article
because the jurors did not have a damn thing to do with this verdict.
My finger OK, but if there’s evilness involved here , then the power of darkness will prevail / so she can’t touch them , unless she’s into nthe same devil worshipping , and even that will be another war on her hands
GOD PREVAILS OVER ALL POWERS OF DARKNESS SO REPENT FOR SAYING THAT FOOLISHNESS!!!!!!
When will they get rid of her. If you had VG in there this would never happen.
We need to start marching on Tiffany because this is ridiculous!
He might get away on earth, but he will have to talk to GOD!
Is living in a gangsters paradise. Yeahhhh, we are living in a gangsters paradise. Killers are being let loose on the streets, child molesters, robbers, brazen gun men, rapist, con men and con women , scammers, corruption and a whole lot more to be added to the list.
The streets will get him don’t worry
wtf. This is crime rising now because obviously predators see there is no consequence to murder.
The USA the feds would have had their jail informants sidle up to him and have him confess while recorded, or use them as a witness for time off.
In the jail is where the DNA testing & undercover need to work.
When there is enough suspicion to arrest and detain any sensible person would give their DNA to be freed and name cleared without a doubt.
There is only one type of “justice” suitable for the BVI.
That’s sad
I hope Mr and Mrs Smith can find consolation in knowing that the street will secure justice.
You got that right. Is there any DNA testing site on Island? Never mind, this place is so backwards and behind times.
If there were not enough evidence, why did the DPP proceed with the case in the first place? Did she not study the case?
Time longer than twine and it will tell.
I strongly believe in “Eye For An Eye”. This legal justice system is no it.
Don’t worry. We going handle this ish.
Justice will be served
Present evidence and facts. If the police failed, the DPP, should have instructed them accordingly. The victim is dead, and that’s a fact. Did the acquitted man kill her? Where is the evidence linking him? The court ought not to rule on emotions, neither should charge be preferred on whims and fancies.