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by pltm
(PLTM) - Despite concerns over the lengthy judicial process in the case, murder accused Yan Edwards was denied bail once again by a High Court Judge.
Edwards, a native of St. Kitts but has been naturalized in the territory, is accused of the fatal shooting death of Keri 'Hank' Harrigan on March 16 2011.
This recent bail application was the second one to the high court. The first had been brought in December 2020. Notably, Edwards has been in custody on this charge since March 17, 2011.
He has been on trial for this offence three times. The first trial commenced in 2012 but it was aborted. The second trial led to a conviction in February 2013, but it was successfully appealed in January 2018. Following the conviction and sentence being overturned, a new trial was ordered.
That third trial got underway in November 2020, but it was not completed due to a mid-trial ruling relating to a request for the disclosure of information pertaining to Crown witnesses involved in the Justice Protection Act program, according to the court documents.
The prosecuting attorney from the Office of the Director of Public Prosecutions appeal the ruling of the trial judge, and the trial itself was therefore suspended before its completion.
“That appeal remains outstanding although the court was advised of recent movement in that regard. The current state of the case for the prosecution is difficult to confirm, having gone through three trials. It is essentially a circumstantial case. Justice of Appeal Thom reviewed the evidence from the trial in 2013 and concluded that “the evidence against the appellants although it was not exceptionally good was not tenuous,” the judgement stated.
No Bail
In a written judgement on October 13, Judge Richard Floyd said after reviewing all of the material filed and upon hearing the submissions of counsel, just as it was at the last bail hearing, he was not persuaded that Edwards, if granted bail, would flee from the BVI and not appear before the court when required.
Nonetheless, he must consider the seriousness of the offence, the severity of the penalty to the risk to abscond and re-offend, his criminal record, public safety, the likelihood of him interfering with the administration of justice, while at the same time weighing the lengthy period he has been behind bars already.
“I must also consider the criminal record of the Applicant. It is there that the court continues to have concerns. The record of the Applicant is serious and substantial. The entries for wounding and conspiracy to commit murder, with the latter resulting in a lengthy sentence for which he received a substantial term of imprisonment, continue to give me pause. It is a significant and violent record,” Judge Floyd said.
He continued: “It must also be noted that the evidence in the Crown’s case places a gun in the hands of the Applicant, along with the use of threatening words, close in time to the shooting. All of this raises serious concerns with the Applicant interfering with the administration of justice and the likelihood of the commission of further offences if released. The protection and safety of the public, including witnesses, must be ensured."
The Judge said he is not satisfied that those concerns can be alleviated, even with strict terms of bail and the use of sureties.
"Furthermore, I am satisfied that, at this time, to allow the Applicant to be released in the face of this vicious crime, with the record that he has, would erode public confidence in the administration of justice," the Judge said.
Mr. Sherfield P. Bowen was the defence attorney while Principal Crown Counsel Mrs. Kellee-Gai Smith represented the Crown.
Edwards and Allen Baptiste were convicted in 2011 for the murder of Harrigan, who was gunned down execution style in the Long Look area.
It was the Crown's case during the High Court trial, that Edwards and Baptiste acted as part of a joint enterprise to plan Harrigan's murder.
During the trial, there were witnesses for the Crown, who testified to being around when the men were planning Harrigan's murder.
The Crown had put forward that Edwards was the ring leader and told Baptiste to "deal with Harrigan".
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