DPP appeals dismissal of perjury case against cop
The Office of the Director of Public Prosecutions (DPP) has filed an appeal following the dismissal of the criminal matter against police officer Marley Sebastien.
Sebastien, who has been a police officer for more than 18 years and was part of former Premier Andrew Fahie’s security detail, was previously charged with perjury and perverting the course of justice.
The matter was dismissed in the Magistrate’s Court by Magistrate Khadeen Palmer earlier this week for want of prosecution after repeated requests were made of the prosecution to produce a transcript of Sebastien’s testimony given in a High Court trial earlier this year.
The Court was reportedly informed that the prosecution had only recently acquired the transcript, therefore Sebastien’s attorney, Valston Graham, moved that the matter be dismissed after he argued that the charges were filed without any foundation.
According to the appeal which was filed on Tuesday, the DPP is contending that the decision by the learned magistrate to dismiss the matter is unreasonable.
The DPP further sought leave to amend the grounds of the appeal as and when the record of appeal becomes available.
The charges were first brought against Sebastien after he allegedly gave contradictory evidence to his sworn testimony when he testified in the second of two trials against two former accused police officers.
Sebastien was a witness in the matter of the Queen vs Pamphill Prevost and Simon Power; both of whom were interdicted police officers at the time, charged with theft and conspiracy to steal.
Prevost and Power were first on trial in 2019. However, that trial resulted in a mistrial as the jury could not agree on the verdict. The retrial commenced on February 1, 2022 and ended a month later with the acquittal of the officers after a no-case submission by the defence.
The matter was dismissed in the Magistrate’s Court by Magistrate Khadeen Palmer earlier this week for want of prosecution after repeated requests were made of the prosecution to produce a transcript of Sebastien’s testimony given in a High Court trial earlier this year.
The Court was reportedly informed that the prosecution had only recently acquired the transcript, therefore Sebastien’s attorney, Valston Graham, moved that the matter be dismissed after he argued that the charges were filed without any foundation.
According to the appeal which was filed on Tuesday, the DPP is contending that the decision by the learned magistrate to dismiss the matter is unreasonable.
The DPP further sought leave to amend the grounds of the appeal as and when the record of appeal becomes available.
Background
The charges were first brought against Sebastien after he allegedly gave contradictory evidence to his sworn testimony when he testified in the second of two trials against two former accused police officers.
Sebastien was a witness in the matter of the Queen vs Pamphill Prevost and Simon Power; both of whom were interdicted police officers at the time, charged with theft and conspiracy to steal.
Prevost and Power were first on trial in 2019. However, that trial resulted in a mistrial as the jury could not agree on the verdict. The retrial commenced on February 1, 2022 and ended a month later with the acquittal of the officers after a no-case submission by the defence.
