High Court Judge Thomas W. R. Astaphan has granted a “Permanent Stay” in the Martin Seaman and Delvin Challenger murder trial.
Both men were indicted on a charge of murder for the death of Joshua Ettienne in 2014.
Brief Facts
Five police officers were originally charged with murder in the case.
But the court ruled that the State was “unable to produce evidence to establish a prima facie case against constable Orlan Vigille.”
Then the State withdrew charges against then-police Sergeant Hayden Morgan and he was released. Before that, the original charge of murder was reduced to manslaughter.
And in 2017 Magistrate Arley Gill freed a woman Police Corporal Gemma Louis of murder.
The court ruled that the prosecution “failed to bring a prima facie case against Louis” and therefore dismissed the matter against her.
This, after Allison George (a key witness) recanted his testimony, he gave in a statement of what he had seen the morning of the incident.
Challenger and Seaman were not that lucky then.
Although the prosecution case against them was significantly weakened by the recanted testimonies from the state witnesses, the court still held the view that there is a prima facie case against them.
Joshua Ettiene was found dead in a police cell at Portsmouth on July 4, 2014, one day after he was arrested for alleged ammunition possession.
An autopsy on his body revealed serious injuries including several broken bones and a punctured organ, among others.
The ruling of the Court
Serious procedural irregularities nullified the depositions that is the Magistrate did not take down everything which transpired during the preliminary inquiry in compliance with section 48 of the Magistrates code of procedure. Also, the state of evidence portrayed, that in the circumstances where the case against Gemma Louis was dismissed, it was unfair to prosecute the two defendants as she played a significant role in injuries caused to the deceased and finally, there was a delay in prosecuting the matter.
