Beautiful Virgin Islands

Thursday, May 19, 2022

Sergeant charged with perverting the course of justice gets bail

Sergeant charged with perverting the course of justice gets bail

The police sergeant accused of giving inconsistent evidence in a court matter has been brought before the Magistrate’s Court where he was released on bail.

Charged with perjury and perverting the course of justice is Sergeant Marley Sebastien who has been a police officer for 18-and-a-half years and who was part of the Premier’s security detail.

According to the Prosecution, the accused cop was a witness in the matter of the Queen vs Pamphill Prevost and Simon Power; both of whom are interdicted police officers 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.

Reluctant to testify a second time


Sergeant Sebastien testified on both those occasions but the Prosecution indicated today that Sebastien was initially reluctant to give evidence in the retrial.

The court heard that the prosecutor assigned to the Prevost and Power case received information that the defence counsel wanted the Crown to call Sebastien as a witness. The court was told that the Crown agreed and contact was made with Sebastien who then gave a signed statement.

It was said that prior to taking the stand when the accused came to court on February 22, he told the prosecuting attorney that he did not feel comfortable with the statement he gave. The court was told that Sebastien said he was not going to give evidence according to that statement.

The Crown then said that the transcript from the first time the accused gave evidence back in 2019 showed he was sworn in and in the cross-examination, he stated the evidence he gave was accurate.

Fast-forwarding to the retrial this month, the court was told that Sebastian was was sworn before the court, tendered by the Crown and cross-examined by the defence. The prosecution claimed that upon cross-examination, Sebastien gave material evidence that was contrary to sworn evidence that was given by him at the first trial.

As a result, he was reported to the Police Commissioner for investigation. The accused was arrested on March 1 after the investigation. The Crown said he was interviewed and subsequently charged with the two offences.

Sebastien was granted $40,000 bail with one surety by Magistrate Khadeen Palmer. Magistrate Palmer also ordered Sebastien to surrender his travel documents once they are in his possession. He was also instructed not to interfere with the investigation or the prosecutions’ witness in the ongoing trial of Prevost and Power.

Sebastien has been suspended from active duty by the Commissioner of Police.

The accused was represented by attorney Richard Rowe and the matter was adjourned until May 12 for reporting.

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