Bruce-Lyle calls for Investigation of P.I’s

High Court judge Frederick Bruce-Lyle has found it fit for investigations to be carried out into the manner in which the Preliminary Investigation (P.I) into the murder cases involving Webster Woodley, Sheldon Bain and Michael “Syndicate” Samuel was handled.{{more}}

The decision was taken after defence counsels for all three accused raised concern on Wednesday at the High Court that three P.I’s involving the different defendants were conducted at the same time in the form of a “global P.I.”.

The judge said that the system of justice is based on the constitution and certain procedures mandated by the law. “If the allegation of infringement of these procedures may render the trial prejudicial, then the court deems it fit for an investigation,” said Justice Bruce-Lyle.

Woodley’s Attorney, Nicole Sylvester, argued that evidence adduced in the P.I. stages touched all three separate matters, but the three accused were not jointly charged with all the charges. “Some of the issues raised at the P.I did not touch and concern some of the accused.” Sylvester said. She said the inquiry was held in unconstitutional circumstances and was in breach of the criminal procedure code and due process of law. Sylvester said that the process, which was taken, would deprive her client of a fair trial and protection of the law. Sylvester also submitted that if they were to embark on a trial, it would be a breach of the accused constitutional rights and would result in a travesty of justice and any outcome will amount to a nullity and a miscarriage of justice.

Woodley, Samuel and Grenadian Sheldon Bain were charged with the murder of taxi operator Peter Joseph in August 2004; Bain and Woodley were charged with the murder of Livingston Primus of Sion Hill between November 29 and December 1, 2004, while Bain was charged with the double murders of Rose Claire Dupont Williams and Jeffrey “Lancy” Williams of Trigger Ridge, Redemption Sharpes on December 10 that same year.

Kay-Bacchus Browne, defence attorney for Michael Samuel said that if the P.I was conducted in the way it was, it would be illegal. She added that her client has been on remand for the past two and a half years for a murder he did not commit. “He has been in jail for too long,” Browne submitted.

Bain’s attorney, Stephen Williams expressed similar concerns about the matter and said that he was shocked that three P.I’S were conducted at the same time. He said it appeared from his examination that all depositions happened at once and it presented an injustice to his client who wasn’t represented at the time.

The matter was adjourned to Monday November 19 and the men were remanded into custody. (KW)