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Free Of Murder After 9 Years
posted (March 8, 2019)

He’s had a murder charge hanging over his head for 9 years, but tonight 27 year old Daniel Myvett is a free man - and he got free on a technicality.

He and two other men were accused of the murder of Nigerian security guard Kimaru Olungandudu,In 2015,  his two co-accused were acquitted on a no case submission, but the jury was unable to reach a verdict for Myvett and a retrial was ordered.

And that’s where the technicality comes into play.  Today Justice Colin Williams agreed with Myvett’s attorney, Leeroy Banner that he had waited too long for that retrial.  With that, he was granted a permanent stay of execution for his case - which amounts to an acquittal.  

Some months ago, Justice Williams had ordered that the Crown provide submissions as to why there was a delay in the retrial.  In his ruling today, Williams said that there was non compliance by the Crown with the order of the court.  He explained that the criminal procedure rules give a timeline for retrials and the time for Myvett's retrial has long since elapsed. 

He also added that on several occasions the Crown had indicated that the transcript of Myvett's trial was not ready and on one specific occasion the Crown had indicated that the transcript is being prepared. Justice Williams said that it is clear that one cannot rely on the assurances from the Crown that the transcript will be ready and the Crown has not provided any justification for the delay of the retrial.   

So that’s the end of this case - as all three accused have now been set free.  

Olungududu was working as a security guard at the Biltmore when he was killed. 

He was stabbed 8 times during a robbery attempt at the hotel.

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