THE JUSTICE SYSTEM must balance the rights of accused with society’s needs for accountability and the interest of victims.
So said Justice Peter Jamadar of the Caribbean Court of Justice (CCJ) as the CCJ on Thursday dismissed the appeal brought by killer brothers Scott Colby Richardson Harewood and Stuart Kenny McMillian Harewood.
“Failure to meet time standards is not presumptively proof of either delay or unconstitutionality, although they may be relevant considerations,” Justice Jamadar said, as he read a summary of the decision.
“The accused has a responsibility to cooperate in avoiding delays in the legal process and public interest and the rule of law also play key roles. The justice system must balance the rights of accused and societal needs for accountability and the interest of victims,” he added.
Scott “Ratty” Harewood, 36, and Stuart “Cujoe” Harewood, 38, both of Seaview, St Philip, had pleaded guilty to the non-capital murder of Derek “Bhingy” Hunte on June 3, 2014. Hunte was shot six times in the back as he ran for his life.
Justice Pamela Beckles had sentenced Scott to 38 years in jail, while Stuart received 35.
However, after the one-third discount for their guilty pleas and the time they had spent on remand were factored in, the judge ordered Stuart to spend a remaining 6 016 days or just over 16 years in jail, and Scott to serve a remaining 7 247 days or approximately 19 years.
The State subsequently filed a Director of Public Prosecutions Reference asking the Court of Appeal to review the sentences. The Harewood brothers also appealed but they contended their sentences were excessive.
Constitutional relief
The Court of Appeal held that “the sentences imposed by the trial judge were not unduly lenient” and that there was no merit in the appeals against sentence filed by the brothers.
Justice Jamadar, who presided with Justices Maureen Rajnauth-Lee, Winston Anderson, Andrew Burgess and Denys Barrow, said the Court of Appeal, in its exercise of discretion to grant constitutional relief, was not bound
to grant the remedy of a reduction in sentence if there was a breach of the right to a fair hearing within a reasonable time.
“This discretion does not result in any prescriptive relief or remedy,” the judge said.
“A remedy confined in unconstitutional delay must be made on a case-by-case basis. Although Section 18(1) of the Constitution of Barbados gives distinct and free standing rights, these can be interrelated depending on the circumstances of the case and constitutional analyses must be alive to these overlaps,” he said, as he dismissed the appeal.
The State was represented by Principal State Counsel Romario Straker, Principal State Counsel Krystal Delaney and Principal State Counsel Neville Watson, while the Harewood brothers were represented by attorneys Safiya Moore and Martie Garnes.
The High Court had heard Hunte was with several others on the block when Stuart drove up.
He spoke to Hunte and an argument ensued. Stuart left, returned 15 minutes later and the argument resumed.
Stuart removed a gun from his pocket and attempted to fire a shot in the air. There was a loud click but it did not go off.
A scuffle ensued during which Hunte held Stuart around his throat. Stuart asked to be released, Hunte did so and Stuart got back into his car and drove off.
Sometime later Stuart returned to the scene, this time as a passenger in a truck and with his brother Scott.
Hunte ran. Stuart picked up a bottle and threw it at him. Scott, however, pursued the man and fired several shots at him.
The brothers then fled the area. (HLE)
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