Atlantic rower Archie Bailey of Falmouth Harbor and co-accused Kenneth Wyre of All Saints Road are seeking to challenge their drug trafficking convictions.
Some four months after a 12-member jury found them guilty on Drug trafficking, Possession with Intent to Transfer and Possession charges on March 8, 2019, the duo was said to be perplexed and anxious over what may be their fate.
The accused who were found guilty by a mixed-12 member Jury were remanded to Her Majesty’s Prison (HMP), pending a Social Inquiry Report and sentencing.
Then in a twist of fate, trial Judge Justice Keith Thom demitted office, due to mandatory retirement.
Since no penalties have been imposed, the convicts were said to be seeking to nullify the trial on claims of inordinate delay of almost 10 years in bringing them to trial, and 5 months awaiting the final outcome.
The duo has reportedly instituted civil proceedings against the State for the long delay. Both have reportedly been said to be emotionally depressed.
The proceedings were instituted strictly to ascertain whether or not such delay had violated their right to a fair trial within a reasonable time, as enshrined in the Constitution Order of 1981.
Some legal luminaries have argued that there are a number of authorities on the question of inordinate delays that supports the universal principle, ‘Justice delayed is justice denied.’
Seemingly mindful of the likely negative impact on their liberty, both convicts were reportedly granted bail by the High Court of Justice on Friday, July 19, 2019, pending the outcome of the proceedings.
Both convicts and their attorneys have remained tight-lipped on the latest developments.
No date has been reportedly set for the hearing of the Claims.
Advertise with the mоѕt vіѕіtеd nеwѕ ѕіtе іn Antigua!
We offer fully customizable and flexible digital marketing packages.
Contact us at [email protected]
I have maintained from onset that to bring this matter to court 10 years after the fact was unusual and a most unfortunate development While I do not know the mitigating factors, one thing is certain, our judicial system is very seriously flawed and favours those with the financial ability to challenge the system with a view of delaying and/or avoiding justice. The truth is, there can be no real and credible reason for a case to be held 10 years after an accused was arrested. If our courts are over-burdened with cases and we do not have enough judges to hear cases, then this must be corrected. These are the flaws on our judicial system that have caused everyone to lose faith in the courts and this is a damming indictment.
He to will get away.
Why didn’t the DDP dismissed this case because a lack of evidence to?
Good question
Comments are closed.