Two months after hearing the legal battle between the State and lawyers for three police officers in the Kerwin “Slobby” Prosper matter high court Judge Bernie Stephenson has given her ruling and denied the application for Judicial Review by the police officers.
Kerwin Prosper who was assisting the police in a series of burglary matters died in police custody on February 15, 2021, under a cloud of suspicion with allegations that the police may be responsible for his death.
The police chief (acting) Lincoln Corbette requested outside help to do the investigations and a CARICOM Regional team was brought in and took the oath as Special Constables doing the investigations.
Since then, a number of police officers from the Criminal Investigations Department (CID) have been questioned in relation to the arrest and death of Prosper.
At the court hearing, on May 4th, 2021 the three police officers, through their lawyers Gina Dyer Munro and Zena Moore Dyer were seeking leave of the court for Judicial Review.
The State led by the Attorney General (AG) Levi Peter opposed the Judicial Review.
In her ruling, Justice Stephenson stated that “the Applicants application for Judicial Review has been denied.”
She stated that the action by the Chief of Police (COP) was necessary in “the public’s interest.” She made no order as to cost and apologized for the delay in delivering the ruling.
“It is in the greater public’s interest that the death of Kerwin Prosper who died in police custody be investigated,” she said. She further stated that the applicants do have other means and “alternative forms of redress if criminal proceedings are brought against them for abuse of process.”
The Judge also stated that “all previously made Orders by the court are dismissed and the COP is now free to resume or continue any investigations in the matter.”