OMO Law – High Court’s Decision on No Case Submission Vindicates Kasroy Simon in Antigua’s Murder Criminal Case
OMO Law is pleased to announce the successful outcome of the High Court Criminal Division’s decision regarding the No Case Submission application made on behalf of our client, Kasroy Simon.
Barrister-at-law Andrew O’Kola, representing Mr. Simon, stated that the defence convincingly argued that there was insufficient evidence to connect our client to the tragic death of Nicoma McFarlane. The High Court upheld the no case submission, effectively affirming that Mr. Simon should never have been charged based on the evidence presented.
“We maintained from the outset that the prosecution failed to provide any direct or substantial circumstantial evidence linking our client to the alleged crime,” said Mr. O’Kola. “The High Court’s decision highlights the fundamental principle that individuals should only face charges when there is substantial evidence against them and that suspicions, speculations and conjectures, without more, are not evidence of guilt. This decision not only restores, hopefully, Mr. Simon’s reputation but also underscores the importance of a fair and rigorous judicial process.”
Mr. O’Kola further commented on the emotional toll the charges had on Mr. Simon and his family. “The charges have caused immense stress and uncertainty for Mr. Simon and his loved ones. We are relieved and gratified that the High Court saw fit to dismiss the case at this stage, recognizing the lack of evidence to support the allegations.”
He continued, “This landmark decision reinforces the presumption of innocence and ensures that individuals are not wrongfully accused based on insufficient evidence. The High Court’s thorough examination of the case has once again demonstrated the integrity and fairness of our judicial system.”
OMO Law extends its sincere appreciation to the High Court Criminal Division for its fair and meticulous handling of the case. Additionally, we express our gratitude to all those who supported Mr. Simon throughout this challenging period. Their unwavering belief in his innocence and steadfast support played a crucial role in achieving this favorable outcome.
We also wish to extend our deepest condolences to the family of Nicoma McFarlane. The pain and loss they have endured are unimaginable, and we hope that the true perpetrator of this tragic crime is brought to justice. Our thoughts are with them during this difficult time.
The successful outcome of this case underscores OMO Law’s commitment to diligently defending the rights of individuals and ensuring a fair and just legal system. We remain dedicated to safeguarding the interests of our clients and the people of Antigua and Barbuda.
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You think this lawyer is promoting himself. lol. This entire article is just one big shameless self-promo ad. “Ground breaking”? Give me a break. There are no case submissions everyday.
This press release is a blatant sickening to read advertisement and pat on the back. Have some couth, my goodness.
It reads as a slap in the face to the family of the deceased as the attorney should know that as rep for the accused, he is probably last person they want to hear from. Be for real.
It also does not convince many in any event.
BUT GOD !
Enough said
smh he did that crime…and needs to be locked away …cause he almost killed someone before her but its a shame it wasn’t reported.. hes guilty and I hope one day they find what evidence they need
they done find the killer and now dem a make he walk free … this is coming from one of this victims who he decided not to kill then he killed that poor woman …he’s guilty
May he suffer restless nights until he openly confess.
May the image of her lifeless body appear in front of him during his happiest times.
May he wish he was in prison instead of the punishment his troubled conscience will bring
God is still God!! Comfort the mother and loved ones of the deceased Lord.
NO CASE SUBMISSION VINDICATES…??? – FROM CHAMBERS TO PRESS – VOID OF JOURNALISTIC ETHICS
NOW:
While ‘…No Case Submissions (Legal Arguments) has been part of the ‘…Trial and Criminal Justice Processes,’ professional experience guides ‘…Prosecutorial Knowledge,’ that when so ‘…UPHELD,’ does not constitute ‘…VINDICATION.’
WHY…?
In the ‘…Public’s Interest,’ there is still accessible to the ‘…Director of Public Prosecutions (DPP)’ the ‘…APPELLATE PROCESS.’
ORDER OF PROCEDURE
In ‘…Order of Procedure,’ there are:
(i) ‘…The Eastern Caribbean Supreme Court (ECSC) – ST. LUCIA: and
(ii) …Judicial Committe of the Privy Council (JCPC)- LONDON.’
FUNCTIONAL ROLES
The former shall determine if:
(a) …The Trial Judge’ of the ‘…First Instance Court,’ has what it takes in the
Administration Criminal Justice; while
(b) …The latter seeks to ascertain if the ‘…Intermediate Court’ also possesses the requisite
learning and knowledge, in doing likewise.’
Though no fault of hers, clearly the news as reported to general public, appeared to be begging for a response from the ‘…PUBLIC PROSECUTOR- Shannon Jones-Gittens (DPP).’
GRAVELY OR GROSSLY
In this fledgling democracy, clearly ‘…Journalistic Ethics,’ that speak to, and desirous of ‘…FAIR and Unbiased’ reporting, appears ‘…Gravely or Grossly’ lacking.’
This appears to have been:
(a) ‘…Self-servingly authored:
(b) …Hastily dispatched to this news portal; and
(c) …Sensationally published for public information.’
QUESTIONS
(i) ‘…What did the ‘Director of Public Prosecutions (DPP)’ submit to the Court (Absence of
Jury-Trial Judge ONLY?’
(ii) …Who was the learned Trial Judge?’
FEW GOOD THINGS:
Even with these omissions, it still makes for a ‘…FEW GOOD THINGS:’
(i) ‘…GOOD ADVERTISING: and
(ii) …Need for the long-overdue ‘…Substantive Appointment’ of a ‘DPP.’
The administration and dispensation of ‘…Criminal Justice,’ are based upon the latter.
Corrupt
The problem here has nothing to do with the attorney promoting himself and everything to do with the pathetic police and prosecution in Antigua. A no case submission in a murder trial! Please! The message here is the ABLP administration needs to fix the criminal justice system or it’s time to let someone else try.
They didn’t even have circumstantial evidence, and brought this case to trail, now who is to blame for that?
While many are jumping on the lawyer for celebrating his clients release, they fail to see the grave misrepresentation of justice here by first the investigators, and second the prosecutor who couldn’t precure a guilty verdict on the behalf of this unfortunate victim.
Blame this inept justice system that we have here in Antigua…no wonder that damn crime is out of control..no one at the top knows what the hell they are doing and are way over their heads..
Bwoi a tell you..
The blood of innocent Antiguan’s are stained on this inept Government.
And it’s not only the judicial arm of the government that’s failing the people, the other arms are not too far behind.
A very corrupt and evil place
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