The High Court has granted a permanent stay to murder accused Yannick Lander who is charged with the murder of Dwayne Pinard of Castle Comfort in November 2008.
Through his lawyer Zena Moore Dyer who filed documents with the support of the 2020 judgment delivered by Justice of Appeal Davidson Baptiste in the Urban St. Brice v AG of St. Lucia where the court ruled that the long delay in the matter was in breach of his constitutional rights and in contravention of section 8 (1) of the St. Lucia constitution.
See attached the full judgment. https://www.eccourts.org/judgment/urban-st-brice-v-ag
Lander’s matter dates back to November 2008 which is 16 years, and he is yet to be tried.
Section 8 (1) of the Dominica Constitution states “If any person is charged with a criminal offense, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.”
Director of Public Prosecutions (DPP) Sherma Dalrymple told the court that of the 17 witnesses who are supposed to testify in the matter, seven (7) of them are “unavailable” and the only remedy now available was “a permanent stay.”
“Upon the DPP agreeing with the Applicant that the only remedy is a permanent stay for the Applicant…the prosecution of the Applicant is thereby permanently stayed and I will give my written decision on June 30, 2023,” Justice Thomas Astaphan stated.
Joseph Pinard, the father of the deceased has spoken out publicly over the years about his frustration and the long delay in the trial of the matter pleading for closure, expressing his frustration at the slow pace at which the justice system has handled the matter.
A stay of proceedings is considered the “ultimate remedy” that is absolutely final, preventing the court from ever adjudicating the matter.
Where is the justice for the family. Is this fair a murderer matters more? God is going to deal with you all. Watch