The High Court of Antigua and Barbuda has upheld a no case submission in the matter of Kasroy Simon, effectively dismissing charges against him in connection with the death of Nicoma McFarlane.
Simon was said to have killed Nicoma McFarlene on February 7, 2019, at her Freemans Village home. It was believed that he staged the scene to look like a suicide.
Simon’s legal team, led by Barrister-at-law Andrew O’Kola of OMO Law argued that the prosecution failed to present sufficient evidence linking Simon to McFarlane’s death. “We maintained from the outset that the prosecution failed to provide any direct or substantial circumstantial evidence linking our client to the alleged crime,” O’Kola stated.
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The High Court’s decision supports the defence’s contention that Simon should not have been charged based on the evidence presented.
The ruling emphasizes the importance of substantial evidence in criminal proceedings. O’Kola commented, “This decision not only restores, hopefully, Mr. Simon’s reputation but also underscores the importance of a fair and rigorous judicial process.”
The case has had significant emotional impact on Simon and his family.
“The charges have caused immense stress and uncertainty for Mr. Simon and his loved ones,” O’Kola noted, expressing relief at the court’s decision to dismiss the case.
OMO Law praised the High Court for its thorough examination of the case, viewing the decision as a reinforcement of the presumption of innocence principle.
The law firm also extended condolences to Nicoma McFarlane’s family, acknowledging their loss and expressing hope that the true perpetrator will be brought to justice. (LOOP NEWS)
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Love how this article was written. Giving us the very facts without opinions.
‘Simon was said to have killed ……….’
‘It was believe he stage the scene …..’
So now this Officer gets back his job and five years worth of salary, (or half salary)
He also gets the opportunity to arrest persons in the future
What a world. What a Police Force.
CASE DISMISS…? NA-AH…? – GUILTY NEVER TESTED – CASE FAR FROM OVER
This comment is neither about: (a) ‘…Innocence: nor (b) Guilt.’
FULL TRIAL
In ‘…FULL TRIAL,’ and ‘…PROPERLY DIRECTED’ by the ‘…TRIAL JUDGE,’ one of these, shall be returned by a ‘…12-MEMBER JURY.’
REPLICATED
This news item appears ‘…ONLY’ to have ‘…REPLICATED’ previously published story, purportedly authored by ‘…Defence Attorneys.’
This, as in the previous story, as it conveniently appeared:
(i) ‘…Made ‘…NO REFERENCE’ to the ‘…Director of Public Prosecutions (DPP), Shannon
Jones-Gittens,’ who necessarily ‘…MUST’ advance or submit ‘…Counter’ legal
arguments to the ‘…COURT:
VERBAL NOTICE OF APPEAL
(ii) …Made ‘No Reference’ as to the ‘DPP’ putting the ‘…Court’ on ‘…Verbal Notice of Appeal’
to the ‘…Itinerant Intermediate Eastern Caribbean Supreme Court (ECSC) [ST. LUCIA]: and
(iii) …Apparently deliberately made ‘…No Reference’ to the ‘…Distinguished learned Trial
Judge.’
STILL ANOTHER AVENUE
That may not be the ‘…END OF CRIMINAL TRIAL.’
There is ‘…STILL Another Avenue’ to the ‘…APEX COURT- Judicial Committee of the Privy Council (JCPC)’ [LONDON].
WORLD OF GOOD
Undeniably true, ‘ANR’ is ‘…Fast and Up to Date,’ but better ‘…Journalism: Fair and Unbiased’ reporting, would do a ‘…WORLD OF GOOD’ to ‘…ANR.’
HALLMARK
Fast: Unbiased and Accurate.
CASE DISMISS…? NA-AH…? – GUILTY NEVER TESTED – CASE FAR FROM OVER
This comment is neither about: (a) ‘…Innocence: nor (b) Guilt.’
FULL TRIAL
In ‘…FULL TRIAL,’ and ‘…PROPERLY DIRECTED’ by the ‘…TRIAL JUDGE,’ one of these, shall be returned by a ‘…12-MEMBER JURY.’
REPLICATED
This news item appears ‘…ONLY’ to have ‘…REPLICATED’ previously published story, purportedly authored by ‘…Defence Attorneys.’
VERBAL NOTICE OF APPEAL
No reference made as to the ‘DPP’ putting the ‘…Trial Judge’ on ‘…Verbal Notice of Appeal’
to the ‘…Itinerant Intermediate Eastern Caribbean Supreme Court (ECSC).’
WORLD OF GOOD
Undeniably true, ‘ANR’ is ‘…Fast and Up to Date,’ but better ‘…Journalism: Fair and Unbiased’ reporting, would do a ‘…WORLD OF GOOD’ to ‘…ANR.’
HALLMARK
Fast: Unbiased and Accurate.
With the speedy trial violations, the inability to acquire substantial evidence (even with the speedy trial violations of the defendants rights). To not have even circumstantial evidence at this time, to meet their (DPP’s) burden, just means expect nothing more. The defendant is now free to move around the country (TV commercial for an airline, I forgot the name).
There are too many cases being dismissed because there was and is “no case”, no reasonable basis to concluded the defendant committed the crime, also means no charges should have been brought in the first place. This happens too many times.
It is time a fund is organized in Antigua and Barbuda to go after the government for these malicious prosecutions, intrusion into seclusion, false lights, defamation
It is time the government understand when they should bring charges. This is not a political statement, come on prosecutor, just simply be bold enough and say no to prosecuting case that shouldn’t be. Come on Attorney General, come on.
In the real world, folks would be in serious trouble for this constant failure, what percentage of cases are dismissed for basically the prosecutor not having a case/evidence to have even charged defendants?
From my observation, it is an unreasonable amount.
We need to look seriously how the police is putting together evidence of cases for trial. Every time a case get thrown out of court because of the sloppy manner the case is presented to the court someone in the police department need to be held accountable for. Because without that accountability it seems that cases are deliberately presented very to the court so weak that the judge has no other option but to throw it out. And the office of the DPP also need to take more control over cases investigated by the police. There is something going on going on in the police force that doesn’t smell right. And someone needs to do something about it before it is too late. We may get another instance where the government is forced to bring in an outside Chief of Police. Mr. AG stamp it out quickly please.
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