BELIZE-CCJ orders release of convicted murderer

CCJ Upholds The Validity Of Gift In Belize Estate Dispute

The Trinidad-based Caribbean Court of Justice (CCJ) Wednesday ordered the release of Japhet Bennett, who had been found guilty of a 2009 murder in Belize.

Bennett had been convicted of murdering Ellis Meighan Sr. in Belize City and was sentenced to life imprisonment in 2013.

During his trial, Marlon Middleton, the brother in law of the murdered man denied sections of his statement to the police that had identified Bennett as standing over the body with a gun.   The jury, however, found him guilty of murder despite a submission by his attorney that there was little evidence to convict his client.

But the CCJ, by a 4-1 majority decision, allowed Bennett’s appeal after it found that there had been no other evidence which could have allowed the jury to properly assess the reliability of Middleton’s statement, and for that reason, the trial judge should have stopped the trial.

Justice Denys Barrow explained that there was no useful value in Middleton’s description of the shooter, his attire and the gun because there was no other evidence to confirm any of these matters.

He said that on the evidence “the jury would have been left to guess and could only reach a guilty verdict on a gut feeling”.

Additionally, Justice Barrow found the fact that Middleton waited two days to make the statement, in circumstances where he was first on the scene of his sister’s husband murder, undermined the reliability of his statement.

But Madame Rajnauth-Lee did not agree with the other members of the panel who heard the appeal. She contended that this was a case where an eyewitness sufficiently recognised someone known to him. In light of the very detailed description of the shooter, and the conditions in which he was identified, it was therefore a matter for the jury to determine whether to believe Middleton’s statement to the police or his denial of that statement in court.

In 2009, Mr. Middleton had given a detailed statement to the police two days after Meighan was shot and killed. He claimed that he was riding his bicycle in the vicinity of the shooting when he heard gunshots.   Middleton said that he then sped towards the area and saw a body on the ground. He said also he saw a man, who he recognised as Bennett, standing about two feet away from the body with a gun in his hand. His statement also revealed that Middleton had been approximately 40 feet away from the body, in a well-lit area, with nothing obstructing his view.  Additionally, he stated that he had known Bennett for about four months and had seen him one week before the shooting.

But at the trial Middleton denied that he had seen Bennett at the scene of the crime.

The prosecution pointed out that Middleton had given a contradictory statement to the police and that that statement was made of his own free will and was accurately recorded by a police officer, in the presence of a Justice of the Peace, and signed by Middleton.

The trial judge admitted the statement into evidence and it was read aloud to the jury. There was no other evidence linking Bennett to the shooting.

Bennett’s lawyer then requested that the judge stop the case and direct that the jury acquit his client of all charges as there was insufficient evidence linking him to the crime.

The judge refused the request and the jury eventually found Bennett guilty of murder.

The matter was then appealed to the Court of Appeal of Belize, but that court upheld. Bennett’s conviction.

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