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For the last seven years they’ve been behind bars serving time for murder but following a decision handed down by the Privy Council in London this morning, three Belizean men are to be set free. In 2004, Lenton Polonio, Francis Eiley and Ernest Savery were convicted of the brutal murder of sixty-three year old San Pedro resident Justo Jairo Perez and sentenced to life imprisonment.

Their convictions were affirmed by the Court of Appeal in 2005 but Polonio, Eiley and Savery continued to maintain their innocence and took their fight to the Privy Council with the help of local attorneys Simeon Sampson and Antoinette Moore. The case was argued in June and this morning the decision of the panel of Justices was that the convictions are to be quashed and the prisoners are to be set free.

The judges found that the prosecution’s star witness in the substantive trial, Frank Vasquez, gave shaky testimony. Vasquez had been apprehended at the scene of the crime wearing bloodstained clothes and carrying a knife. He was later charged with murder but in exchange for immunity, he testified against the other three accused. However, the English court could not understand the discrepancies between Vasquez’s first account to police and the evidence he gave at trial; how he got blood on his clothes and shoes; the strange coincidence that he had no shoe laces and laces were used to tie up the victim and why he was carrying a knife.

This afternoon Moore told 7News that Vasquez had every reason to lie and that no physical evidence or eyewitness had placed any of the accused at the scene. This was pointed out in the decision with the Judges declaring, “It is a remarkable feature of this case that there was absolutely no corroboration of any element of Mr Vasquez’s evidence.”

It is also noteworthy that the board of judges also referred to portions of the trial judge’s directions as “confusing, unnecessary” and even “potentially damaging.” The trial judge in the case was Justice Troadio Gonzalez.

The Justices conclude with, “The critical question is whether having regard to the nature of the evidence given by Mr Vasquez, the circumstances in which it was given and the terms in which the judge summed up the evidence to the jury, the appellants’ convictions are safe. The Board has concluded that they are not. For these reasons their Lordships will humbly advise Her Majesty that the three appeals should be allowed and the convictions of the appellants quashed.” Moore and Sampson are both elated at the Privy Council decision and tell us that as soon as the official orders are sent to the Hattieville Prison their clients will be released.

Justo Perez was found beaten to death in his San Pedro home in November 2002. It is believed that he had surprised burglars who had broken into his home to steal a safe belonging to his neighbours and relatives, the owners of Elvi’s Kitchen.