Justice Charles says Swain’s case was her most challenging
In an exclusive interview with Virgin Islands News Online, Justice Charles, who leaves year end to take up a judge’s position in the Supreme Court of the Bahamas, said the three week trial was based heavily on circumstantial evidence and expert witnesses’ testimonies.
On October 27, 2009, a nine-member jury had unanimously convicted Swain for murdering Shelley Tyre in what the Crown portrayed as a near-perfect crime. She drowned near the Twin Wrecks off Cooper Island, where she and Swain had been scuba diving together on March 12, 1999.
However, on September 29, 2011 he walked out of the Commercial Court a free man after his conviction was overturned by the Court of Appeal.
On reflecting on the trial, Justice Charles stated, “I think it was the most touching case because when the jury returned a verdict of guilty and the father of the deceased, a very aged man 80 plus asked that he would like one word to the court to the effect that when his daughter’s life was taken, the family also died. It was so moving, the entire court was teary.”
For her, Swain’s case would go down in the “annals of history”. Asked how she felt when the case was overturned by the Court of Appeal, Justice Charles stated, “I didn’t feel anyway, and I understand there is an Appeal to the Privy Council, so let’s wait and see…but that’s the duty of the Court of Appeal if they feel we are wrong, we are wrong.”
Incompetent DPP?
The performance of the Director of Public Prosecutions (DPP) Office has come in for harsh criticisms over the past few months for what many have described to be incompetent.
However, Justice Charles said such a statement is too harsh.
“They do their job. There is a lot of work for this Chambers to do. In fact the DDP’s Chambers has taken over prosecution of matters in the Magistrate’s Court and the unit is relatively small. The Crown Counsels have a huge task because they are dealing with many matters simultaneously,” she added. “So it would be unfair to say the staff is not competent. They probably need more man power.”
Experience is also key when prosecuting a case, added Justice Charles, who has 20 plus years under her belt.
What she would like to see adopted in the DPP’s Office is what is done in the Commercial Court where more seasoned and expert lawyers are used for particular cases.
“When you are dealing with the Commercial Court, the United Kingdom lawyers come here and they are senior lawyers, they come with a barrage of lawyers to assist them. We can take guidance from that court. There is a Queen’s Counsel and one or two Juniors – so if you know that a case is technical, you seek the services of the person who is experienced in that area. Perhaps that needs to be done when technical matters come before the High court to have someone who has more experience in those technical matters,” she charged.
Her advice to the young lawyers is for them to learn as much as they can from the experienced ones in the Chambers.
“They should not feel ashamed to seek advice from senior members at the Bar. Come to court also and see what is being done, just don’t sit behind the books, there is more experience gained from being in court.”
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