Beautiful Virgin Islands

Monday, Sep 01, 2025

Trio freed in Daway murder trial to consider taking legal action

Trio freed in Daway murder trial to consider taking legal action

The attorneys for the three persons freed in the Trumayne ‘Passion’ Daway murder trial yesterday have said they will be reviewing their options and see what further actions can be taken against the state.

The three defendants in the matter, Maybelline Rodriguez, Vernon Bernard and Rafael Harrigan, were freed yesterday morning when Justice Richard Floyd upheld a no-case submission by the defence counsel citing a lack of probable evidence to continue the trial against the accused.

They were charged with murder and illegal possession of a firearm. The beginning of March marked four years since the defendants were on remand awaiting trial.

Michael Maduro, who represented Harrigan in the case said his client would have to issue instructions on how to proceed.

“It is something premature to do at this stage because obviously the Crown has indicated that they intend to appeal the decision and that they would consider the judgement of the court. At the requisite time, Mr Harrigan would consider his options on what can be done, and such would be pursued,” Maduro added.

Queen’s Counsel Michael Lashley — who helped form Harrigan’s three-lawyer defence alongside Maduro and Isis Potter — also added that his team will look at the case and decide if there are any possible legal options that can be taken against the state.

Meanwhile, Richard Rowe, the attorney for Bernard, said he and his client will have to meet to determine what actions he can take against the state.

“Of course, the standard to bring an action against the state would have to be that they acted maliciously without reasonable or probable cause. That is a high standard to prove. So, we have to look at the case very carefully and take instructions from him,” he said.

Queen’s Counsel Valerie Stephens-Gordon, the attorney representing Maybelline Rodriguez, was more reflective. She pointed out that the three defendants have been locked up for a long time and that is four years of their lives they cannot recover. She also highlighted that her client, who was pregnant at the time she was locked up, had to have her baby in prison.

DPP to appeal


The principal prosecutor on the case, Kellei Gaye Smith had indicated in court that her office would consider an appeal. After giving that indication, the Office of the Director of Public Prosecutions issued a formal statement yesterday, April 4.

“The Office of the Director of Public Prosecutions will launch an appeal against the erroneous decisions of the Learned Trial Judge in the matter of R v Rodriguez, Harrigan and Bernard (murder of Trumayne Daway). These erroneous decisions in fact and in law led to the matter being wrongfully dismissed on 4th April 2022,” the statement read.

“The Office of the Director of Public Prosecutions has the legal authority to appeal pursuant to the Criminal Procedure Ordinance Cap 18 (as amended),” it continued.

DPP’s third high-profile loss in recent times

This is the third high profile case in recent months that has been thrown out of the courts for a lack of substantial evidence to proceed with the trial against the accused.

Last month, Justice R.C Williams had upheld the no-case submission in High Court for the retrial of police officers Pamphill Prevost and Simon Powers for the charge of conspiracy to steal.

Meanwhile, in the Magistrate’s Court in February, Justice Jack Husband upheld a no-case submission for the matter against locals Nickel Simon and Cryton Browne and Venezuelans Wilfredo Lopez Vargas and Hober Morillo Ybarabia. The men were charged with importation of $30.9 million worth of cocaine and possession of a controlled drug with intent to supply.

The Crown has indicated they will appeal the matters.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Chinese and Indian Leaders Pursue Amity Amid Global Shifts
European Union Plans for Ukraine Deployment
ECB Warns Against Inflation Complacency
Concerns Over North Cyprus Casino Development
Shipping Companies Look Beyond Chinese Finance
Rural Exodus Fueling European Wildfires
China Hosts Major Security Meeting
Chinese Police Successfully Recover Family's Savings from Livestream Purchases
Germany Marks a Decade Since Migrant Wave with Divisions, Success Stories, and Political Shifts
Liverpool Defeat Arsenal 1–0 with Szoboszlai Free-Kick to Stay Top of Premier League
Prince Harry and King Charles to Meet in First Reunion After 20 Months
Chinese Stock Market Rally Fueled by Domestic Investors
Israeli Airstrike in Yemen Kills Houthi Prime Minister
Ukrainian Nationalist Politician Andriy Parubiy Assassinated in Lviv
Corporate America Cuts Middle Management as Bosses Take On Triple the Workload
Parents Sue OpenAI After Teen’s Death, Alleging ChatGPT Encouraged Suicide
Amazon Faces Lawsuit Over 'Buy' Label on Digital Streaming Content
Federal Reserve Independence Questioned Amid Trump’s Push to Reshape Central Bank
British Politics Faces Tumultuous Autumn After Summer of Rebellions and Rising Farage Momentum
US Appeals Court Rules Against Most Trump-Era Tariffs
UK Sought Broad Access to Apple Users’ Data, Court Filing Reveals
UK Bank Shares Dive Over Potential Tax on Sector
Germany’s Auto Industry Sheds 51,500 Jobs in First Half of 2025 Amid Deepening Crisis
Bruce Willis Relocated Due to Advanced Dementia
French and Korean Nuclear Majors Clash As EU Launches Foreign Subsidy Probe
EU Stands Firm on Digital Rules as Trump Warns of Retaliation
Getting Ready for the 3rd Time in Its History, Germany Approves Voluntary Military Service for Teenagers
Argentine President Javier Milei Evacuated After Stones Thrown During Campaign Event
Denmark Confronts U.S. Diplomat Over Covert Trump-Linked Influence in Greenland
Starmer Should Back Away from ECHR, Says Jack Straw
Trump Demands RICO Charges Against George Soros and Son for Funding Violent Protests
Taylor Swift Announces Engagement to NFL Star Travis Kelce
France May Need IMF Bailout, Warns Finance Minister
Chinese AI Chipmaker Cambricon Posts Record Profit as Beijing Pushes Pivot from Nvidia
After the Shock of Defeat, Iranians Yearn for Change
Ukraine Finally Allows Young Men Aged Eighteen to Twenty-Two to Leave the Country
The Porn Remains, Privacy Disappears: How Britain Broke the Internet in Ten Days
YouTube Altered Content by Artificial Intelligence – Without Permission
Welcome to The Definition of Insanity: Germany Edition
Just a reminder, this is Michael Jackson's daughter, Paris.
Spotify’s Strange Move: The Feature Nobody Asked For – Returns
Manhunt in Australia: Armed Anti-Government Suspect Kills Police Officers Sent to Arrest Him
China Launches World’s Most Powerful Neutrino Detector
How Beijing-Linked Networks Shape Elections in New York City
Ukrainian Refugee Iryna Zarutska Fled War To US, Stabbed To Death
Elon Musk Sues Apple and OpenAI Over Alleged App Store Monopoly
2 Australian Police Shot Dead In Encounter In Rural Victoria State
Vietnam Evacuates Hundreds of Thousands as Typhoon Kajiki Strikes; China’s Sanya Shuts Down
UK Government Delays Decision on China’s Proposed London Embassy Amid Concerns Over Redacted Plans
A 150-Year Tradition to Be Abolished? Uproar Over the Popular Central Park Attraction
×