The Caribbean Court of Justice has delivered an important ruling, which has direct implications for verdicts coming out of trials without a jury. The Court has found that the Director of Public Prosecutions has a right to appeal any verdict coming from non-jury trials which the director believes is a miscarriage of justice.
Since 2012, the Supreme Court has been conducting non-jury trials for offenses of murder and other charges of similar gravity. But, the case which brought this issue to the forefront is the acquittal of Calaney Flowers.
Her case ended in March of 2017. She was acquitted of murder for the traumatic death of her former boyfriend, 29-year-old Lyndon Morrison. She knocked down her ex boyfriend and his new girlfriend as they were on a motorbike together. Morrison and Sosa were both flung from the cycle, but Morrison ended up suffering more serious injuries, which later claimed his life.
Flowers stood trial without a jury before retired Justice Troadio John Gonzalez, and in one of his final judgments before stepping down, the judge acquitted her. The DPP's office attempted to appeal that verdict at the Court of Appeal, but in October of last year, the panel dismissed it on the basis that the court had no authority to hear the matter. They were of the view that they had no jurisdiction because the DPP's Office had no right to appeal acquittals which come from non-jury trials.
DPP Cheryl-Lynn Vidal was not satisfied with that outcome, and so, she appealed it to the CCJ. After hearing and carefully considering her arguments and those from Anthony Sylvestre, the attorney representing Calaney Flowers, the highest court ruled in favor of the DPP.
The court held a teleconference hearing to announce their decision, and it was broadcasted live via Youtube. With video provided by the court, here are the very short comments that the CCJ President made to announce the outcome of the case:
Hon. Adrian Saunders - President, Caribbean Court of Justice
"This afternoon, we've convened merely to give the orders in this case. The court is in a position to pronounce those orders. We shall deliver the court's written judgment, that will embody the reasons for the orders, in due course. But, as of now, I can say that the appeal is allowed, with reasons to follow. The orders prayed for by the Director of Public Prosecutions are granted, namely that Section 65, C, 3, of the Indictable Procedure Act gives the DPP a right of appeal against the verdict of acquittal of a judge, in a trial conducted without a jury. And the decision by the Court of Appeal, dismissing the application by the DPP, for want of jurisdiction, is set aside. In criminal matters, we make no orders as to costs."
So, now that we've told you the significance of the judgment for all verdicts coming from non-jury trials, the next step is for it to be put into effect in the Calaney Flowers case.
After the CCJ judges hands down the written reasons for their decision, the DPP will have the opportunity to bring an appeal against the Calaney Flowers in an attempt to overturn her acquittal for murder. We'll keep following the case as it goes back to the Court of Appeal.
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