DPP files appeal against ‘no-case’ decision in Prevost, Power trial
The Office of the Director of Public Prosecutions has filed an appeal against the decision to uphold the no-case submission in the trial of Pamphill Prevost and Simon Power.
In a press release, the DPP’s Office said, “on 18th March 2022 [the DPP’s Office] filed an appeal against the decision of Learned Trial Judge Justice R.C. Williams to uphold the submission that Pamphill Prevost and Simon Power had no case to answer to for the sole count of conspiracy to steal”.
On March 14, Justice Williams accepted the no-case submission and instructed the jury to return a not guilty verdict.
The DPP’s Office also noted the Crown has the right to appeal the decision under the Criminal Procedure Ordinance Cap 18 (as amended).
“The Crown appeals the decision of the Learned Trial Judge on the ground that the decision was fundamentally incorrect in law, amongst other grounds of appeal,” the statement read.
The Crown’s case was led by Queen’s Counsel, John Black and Prevost and Power were represented by Counsel Terrence Williams and Israel Bruce, respectively
Both Power and Prevost were tried in 2019 for conspiracy to steal and conspiracy to pervert the course of justice. The jury had found the men not guilty for the offence of conspiracy to pervert the course of justice but was unable to come to a decision on the charge of conspiracy to steal.
As a result, Justice Rajiv Persad, the presiding judge at the time, ordered a retrial as the jurors could not agree on a verdict.
Meanwhile, Police Sergeant Sebastien Marley was charged with perjury and perverting the course of justice after it was alleged, he gave inconsistent evidence in the Prevost and Power retrial. Sebastien has since been suspended from active duty by the Commissioner of Police.
On March 14, Justice Williams accepted the no-case submission and instructed the jury to return a not guilty verdict.
The DPP’s Office also noted the Crown has the right to appeal the decision under the Criminal Procedure Ordinance Cap 18 (as amended).
“The Crown appeals the decision of the Learned Trial Judge on the ground that the decision was fundamentally incorrect in law, amongst other grounds of appeal,” the statement read.
The Crown’s case was led by Queen’s Counsel, John Black and Prevost and Power were represented by Counsel Terrence Williams and Israel Bruce, respectively
Both Power and Prevost were tried in 2019 for conspiracy to steal and conspiracy to pervert the course of justice. The jury had found the men not guilty for the offence of conspiracy to pervert the course of justice but was unable to come to a decision on the charge of conspiracy to steal.
As a result, Justice Rajiv Persad, the presiding judge at the time, ordered a retrial as the jurors could not agree on a verdict.
Meanwhile, Police Sergeant Sebastien Marley was charged with perjury and perverting the course of justice after it was alleged, he gave inconsistent evidence in the Prevost and Power retrial. Sebastien has since been suspended from active duty by the Commissioner of Police.