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'The criminal justice system hasn't failed'

Emotional: Daniel Hill father of murdered teen Kellon Hill comforts Kellon's cousin Ricardo Lowe outside of Supreme Court No. 1 yesterday evening.

The jury in the Kellon Hill murder case was unable to reach a verdict last night after a trial lasting almost nine weeks and more than seven hours of deliberations.

Puisne Judge Charles-Etta Simmons had asked the ten women and two men to come to a decision on which at least nine agreed on whether defendant Kellan Lewis was guilty or not.

However, it was clear by 7 p.m. that the panel was "hung" and could not agree, so the judge reluctantly decided to discharge the jurors from the case.

The announcement was greeted with a shocked silence from the public gallery, where families of the accused and victim had been waiting since 11.30 a.m. for a verdict.

It is now for the Director of Public Prosecutions to decide whether 17-year-old Lewis should face a retrial over the allegation that he stabbed 18-year-old Mr. Hill to death

The judge described herself as "deeply burdened" by events and her voice appeared to crack with emotion as she sent the jurors away telling them: "The criminal justice system hasn't failed.

"Each person involved has performed his or her duty as the law required.

"The tragedy of the loss of a young person's life cannot be easy to bear. The tragedy of youth out of parental control cannot be denied.

"The responsibility rests on the shoulders of all of us individually and as a community to bridge the divide between our neighbourhoods, to heal our community and to value our families."

Lewis was the last of five defendants that originally went on trial accused of murdering Mr. Hill as he left a late-night party at Elbow Beach last August 9. Prosecutors alleged that he snatched a gold chain from around Mr. Hill's neck, starting a fight, and that he later used a knife to stab the victim around his chest and body, causing a fatal wound to his heart.

The other four defendants – Kevin Warner, 19, Zharrin Simmons, 17, Gary Hollis, 16, and Devon Hairston, 18 were also alleged by prosecutors to have been part of a fight with the victim and to have used weapons against him.

However, the judge directed the jury to find them not guilty at the close of the prosecution case on the basis that they had no case to answer based on the evidence.

Lewis denied murder and possession of a knife throughout his trial. Continuing her speech yesterday evening after the jury failed to reach a verdict, the judge addressed the public gallery, which was packed with friends and family of the victim and the accused, including Mr. Hill's parents Daniel and Gail Hill.

She told them: "Mr. and Mrs. Hill and your families: while I can make no apology for the law, I am deeply, deeply burdened by your loss and your pain and I'm sure you realise that (legal) counsel and the jurors are (too.) And to the parents of the defendant and all the defendants in this case: there are no winners but there is hope of a new beginning."

The judge then went into a private hearing with the lawyers in the case in her chambers.

Emerging a few minutes later, she made no reference to the issue of bail, simply stating: "This matter is adjourned to September 1."

Prosecutor Michael McColm refused to comment afterwards on whether there will be a retrial.

Lewis's lawyer, John Perry QC, said: "It's a matter for the prosecution to determine whether or not they will proceed. We'll have to wait and see. It's their call really, we can't do anything about it."

Mr. Hill's family and Mr. Lewis's family declined to comment as they left.

A short time later, Mr. Hill's father joined hands with Opposition Leader Kim Swan and Opposition MP Pat Gordon-Pamplin in a circle outside the court, and they stood for several minutes in prayer.

In other events yesterday, Chief Inspector Antoine Daniels confirmed at a press conference that the four defendants who were cleared by the judge are under Police protection.

The Royal Gazette reported earlier this week that a firebomb had been thrown at the house of Kevin Warner in the early hours of Tuesday. Chief Inspector Daniels told the media: "Measures have been put in place to provide protection for these individuals."