Log In

Reset Password
BERMUDA | RSS PODCAST

Courts hear ten ‘landmark cases’, MPs told

Attorney-General Trevor Moniz (File photo)

Ten “landmark cases” including the trial of Parkside gang leader Prince Edness, appeared before the courts in 2014-2015, Attorney-General Trevor Moniz told MPs on Friday.

Others included that of John Wardman, the first person to be charged with failing to provide the necessities of life, and an appeal judgment that has become the leading local authority on the defence of duress.

Mr Moniz described the cases during his presentation in the House of Assembly of the Ministry of Legal Affairs’ Budget Brief for the Department of Public Prosecutions.

He said: “The following cases were of great public interest in that they involved high-profile defendants and/or were complex both legally and factually.”

Mr Moniz said the case of Wolda Gardner and Rickai Dickinson, who were convicted, “involved the reprisal murder of George Lynch, which occurred as a direct result of witnesses giving evidence in a Supreme Court trial wherein gang members were on trial”.

“The case involved the use of social media evidence, forensic evidence and the evidence of former associates of the aforementioned gang,” he added.

“The trial highlighted the actuality and severity of witness intimidation in Bermuda.”

Prince Edness went on trial for the cold case murder of Jason Lightbourne in 2006.

“The defendant was eventually acquitted but this matter has the distinction of being the first Supreme Court trial to occur in the Dame Lois Browne Evans Building,” Mr Moniz said.

“Unusually during the trial, the defendant admitted being a leader of the Parkside gang. A few days after his acquittal he was shot dead.”

Steve Symonds was accused of an attack on an officer of the court, Mr Moniz said.

The attack took place at the Supreme Court, as a result of her performing her duties in the Family Court.

“The defendant pleaded guilty to charges of deprivation of liberty and assault occasioning bodily harm,” he said,

Devon Hewey and Cervio Cox were the accused in an attempted murder outside what was then Shine’s Club.

“The defendants were acquitted of all charges, but this matter was the first in which cell-site evidence was admitted into evidence in a trial in the courts of Bermuda,” Mr Moniz said.

Julian Washington’s trial for the premeditated murder of Stefan Burgess and attempted murder of Devano Brimmer was notable because of the forensic evidence that was presented to the court.

“The defendant opened fire as the victims were celebrating Stefan Burgess’ birthday at his apartment in Glebe Road,” Mr Moniz said. “In the absence of a witness positively identifying the defendant, the case turned upon complex forensic evidence including gunshot residue analysis and DNA.”

“The defendant was convicted and order to serve a term of life imprisonment, with a minimum term to serve of 25 years before becoming eligible for parole.”

A driving case, where the victim had to be air evacuated to the US due to a life-threatening blood clot on the brain, involved complex evidence to prove who the driver was.

In addition, John Wardman — who was convicted on four counts — faced a charge of failing to provide the necessities of life.

The Attorney-General said: “It was the first time that the offence had been used, and it expands the concept of the duty of a person to act where they have a responsibility to another and it being criminal not to take action in certain circumstances.”

Craig Hatherley and Lorenzo Lottimore appealed their conviction of conspiring to import $760,000 worth of heroin into Bermuda.

“The arrangement had been to hide the drugs on board flights from Philadelphia airport to Bermuda. The case involved the use of a cooperating witness who agreed to work with the FBI by covertly recording telephone calls from the defendants and the evidence of an undercover agent who secretly filmed Hatherley handing over the heroin to him in New York,” Mr Moniz said.

“The defendants were ordered to serve lengthy terms of imprisonment, and the Court of Appeal rejected all grounds and dismissed the appeal.”

Jahmel Blakeney and Sanchey Grant had been convicted of the attempted murder of two people by gunshot at the Southside Cinema.

“This appeal raised the issue of admissibility of gang evidence, the admissibility of low levels of gunshot residue and its components, and the admissibility of low level DNA evidence,” Mr Moniz said. “It is now the leading local authority on those forensic issues, as the Court of Appeal upheld the conviction, and gave guidance on the admissibility of forensic evidence.”

Janis Zegelis had been convicted of the importation of cocaine worth $48,617,250, ammunition and a firearm, explained Mr Moniz, adding it was the largest importation of drugs into Bermuda.

“This appeal included the issue of the defence of duress,” he said.

Mr Moniz said the Court of Appeal upheld the conviction, and this case was now the leading local authority on the defence of duress.

Jomar Caines had been convicted of the sexual exploitation and deprivation of liberty of a 10-year-old boy.

“This appeal clarified the circumstances upon which a sentencing judge should make a delayed eligibility for parole order,” he said.

“The Court of Appeal confirmed the sentence of 12 years imprisonment, and also confirmed that the defendant had to serve half of that sentence before being eligible for parole. This case is now the leading local authority on delayed eligibility for parole orders.”