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Permanent stay of prosecution granted in a murder matter involving two police officers on the grounds of procedural delays

Permanent stay of prosecution granted in a murder matter involving two police officers on the grounds of procedural delays

At a case management hearing on the 3rd day of July 2023, the Court entertained and granted an application made by two Police officers Martin Seaman and Delvin Challenger to grant a permanent stay in the matter of The State v Martin Seaman and Delvin Challenger. The two police officers were indicted for manslaughter of Joshua Etienne on the 4th day of July, 2014. The attorneys for the applicant put forward grounds of procedural delays and serious procedural irregularities during the Preliminary Inquiry and maintained these grounds during their application. Resultantly, Justice Astaphans averred that the only fair remedy available to the accused men is a Permanent Stay of Prosecution.

In another matter during the same case management hearing, the Director of Public Prosecutions, Ms. Sherma Dalrymple filed a notice of Discontinuance in The State v Mervin Adams. Corporal Mervin Adams was indicted of theft which was said to have been committed between January 9th 2014 and June 14, 2018 totalling to the sum of EC$32,797.80 whilst he was stationed at the Wesley Police Station. Corporal Mervin Adams was represented by defence attorney Dawn-Yearwood.

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