Tobago murder accused loses lawsuit against top cop over delay

A TOBAGO man, accused of murder, has lost his lawsuit against the Police Commissioner over delays in submitting his case file to the Office of the Director of Public Prosecutions (DPP).

In April, Davril Williams was given permission to pursue his judicial review claim over the delay, which he said affected his ability to apply for bail.

A day after he received leave, the file was sent to the Office of the DPP.

And, on Monday, Justice Christopher Sieuchand set aside the leave granted by Justice Eleanor Donaldson-Honeywell on April 11, saying Williams had adequate and effective alternative remedies.

Williams’s lawsuit was also struck out and he was ordered to pay 75 per cent of the commissioner’s legal costs.

In his claim, Williams asked the court to consider that from January to April, at least two judges and two magistrates were told the file had not yet been sent to the DPP’s office and no reasons were given although orders were made by the court.

Sieuchand said non-compliance with an order of a magistrate was regulated by the Criminal Procedure Rules 2016 and there were also options for redress under the Summary Courts Act.

He also said the High Court also had discretion to impose sanctions for non-compliance with orders relating to bail applications.

“I am of the view that that process has built into it sufficient mechanisms to protect the claimant from any prejudice that might arise from a failure and/or refusal to provide the relevant file to the DPP.”

Sieuchand referred to the case history, saying at the bail application, the presiding judge said she would deal with it whether the prosecution was ready or not.

Sieuchand also refused to order Williams’ release, saying to do so would “be tantamount to a usurpation of the jurisdiction” of the bail judge and would be effectively granting bail in the absence of an application.

He also refused to grant any declaration related to the period during which the file had not been sent to the DPP’s office.

“Assuming for the moment that I took the view that the sought-after declarations could only relate to the period during which the file was not provided to the DPP, the question would still arise as to whether the making of such declarations would serve any useful purpose.

“In this case, I do not consider the declarations sought by the claimant, even if limited to the period during which the file was not provided to the DPP, to be capable of serving any useful purpose.

“The situation would be different if there was, in fact, some clear policy or decision by the defendant not to produce the claimant’s file, but that is not the case here.”

He said it was unlikely the claim could provide clarity on the law.

Williams was arrested on October 3, 2022, for the murder of Emero Baynes, an employee of the APT James ferry who was shot dead while driving his car in Mason Hall.

Williams was released three days later, re-arrested on November 24, 2022, and charged the following day.

On November 28, 2022, Williams made his first appearance in the Scarborough magistrates’ court and a bail application was filed in the High Court on December 2, 2022, by his attorney Arden Williams.

His bail application is still pending.

Williams is also represented by attorneys Mariah Ramrattan and Anthony Moore while Yohann Niles, Tsonda Gayle and Delise Springer represented the commissioner.