A man accused of a 2011 murder was formally discharged from court this morning after the Director of Public Prosecutions deemed it was not in the public interest to take the case to retrial for a second time.

Devon Hewey had been charged in connection with the killing of Randy Robinson but a nolle prosequi was filed today, bringing the matter to a close without verdict.

The former defendant told the court: “It has been a long time coming. This is a relief.”

He had been convicted by a jury in 2013 for the fatal shooting of Mr Robinson, who was 22 when he was shot on March 31, 2011.

A statement sent this morning on behalf of Cindy Clarke, the DPP, explained that Mr Hewey had successfully appealed to the Privy Council.

In 2022, although the case against him was described as strong, a Privy Council panel set aside the conviction because of deficiencies in the trial judge’s directions concerning gunshot-residue evidence.

The Court of Appeal subsequently ordered a retrial.

Owing to various delays, including the settlement of Mr Hewey’s legal representation, the retrial did not begin until May this year.

However, on July 1 the jury was discharged after multiple interruptions during the case made it unviable to complete proceedings, the statement added.

Ms Clarke said today: “Following the discharge of the jury, I carefully reviewed whether the public interest would be served by commencing yet another trial.

“I considered the gravity of the allegation, the interests of the victim’s family and the community, the passage of more than 15 years, the cumulative delays and the practical and evidential difficulties associated with presenting a case of this age fairly and effectively.

“Having weighed all of those matters, I concluded that it was not in the public interest for the prosecution to continue.”

She paid tribute to the victim’s mother, Roydelle Robinson, who was said to have shown “patience, steadfastness and strength” over the course of the original trial, appeals and the lengthy retrial process.

Ms Clarke added: “Ms Robinson has conducted herself with extraordinary courage and dignity throughout a process that no mother should ever have been required to endure.

“This decision does not diminish her son’s life, the profound loss suffered by his family or the seriousness of the allegation.”

The statement noted that a nolle prosequi is not an acquittal by a jury and is not a judicial declaration of innocence.

It added: “Equally, it is not a finding of guilt.

“It brings the present proceedings to an end without a verdict determining the merits of the case.”

Puisne Judge Alan Richards formally discharged Mr Hewey today.

Eron Hill, the founder and executive director of the Bermuda Equal Justice Initiative, thanked Ms Clarke for her decision, along with Karim Nelson, who had been the prosecutor in the recent retrial.

Mr Hill, who assisted Mr Hewey during the trial, said: “Today, Mr Hewey is extremely grateful finally to be able to put this matter behind him, although he would no doubt have preferred to have had his name cleared by a jury.

“BEJI remains committed to pursuing justice for all and that includes both accused persons and the victims of crime.

“Nothing about this outcome diminishes the tragedy at the heart of this case. A life was taken.

“To the family and loved ones of Mr Robinson, we extend our sincere and heartfelt condolences. His life mattered and it matters still.

“His family has carried this loss for well over a decade and they too deserve truth, answers and justice. But it is not justice when the wrong people are convicted.

“When that happens two injustices are committed at once. The wrongly accused lose years of their lives and those truly responsible are never held to account.”

Mr Hill also said the recent proceedings raised potential avenues for Jay Dill — who was convicted alongside Mr Hewey for the murder of Mr Robinson in 2013 — to have his conviction quashed. He noted that both men have maintained their innocence.

Mr Robinson, a father and footballer, was fatally shot while he was walking along Border Lane North in Devonshire.

While Mr Robinson was not associated with gang activity, prosecutors argued that his killing stemmed from a feud between two rival Pembroke-based gangs.

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