Smith family worried about delays in murder trial

Two years after the decomposed body of Marcelle Smith of Farm Road St Philip was found in a ravine at Halton Plantation in the same parish, her family is today expressing fears that there may never be justice for their loved one.

The decomposed body of the 75-year-old sister-in-law of Sir Frederick Smith, who has since died, was discovered in late October 2015 after she had been missing for 12 days.

Cheriss Omar Ince, a 38-year-old carpenter of Nursery #2 Four Roads, St Philip is currently on remand at HMP Dodds for the murder, which he is alleged to have committed while on bail in connection with a previous murder charge.

Speaking on behalf of the Smith family, Marcelle’s son Roger Smith told Barbados TODAY they were concerned that a number of people connected to the case had died while Ince continues to be held on remand.

Roger named their father Aurie Smith, then Assistant Commissioner of Police with responsibility for crime Livingstone Eversley, Director of Public Prosecutions Charles Leacock and Ince’s son Jaquan Turney as those who have passed away since his mother’s killing.

“Marcelle Smith’s family remains concerned that as time passes and people directly involved with this cases move on, information and witnesses will no longer be available,” he said, adding that they were also worried that the man accused of murdering his mum would again be released on bail.

However, Acting Director of Public Prosecutions Anthony Blackman assured the Smiths that provisions had been made in the Evidence Act to deal with such situations.

“So I don’t think at this stage there is any need to fear as it relates to persons dying,” Blackman told Barbados TODAY this afternoon.

He also disclosed that his department had taken steps to speed up the case by filing a voluntary bill of indictment that, if successful, would result in the case going directly to the High Court, thereby avoiding the preliminaries before the Magistrates’ Court.

Blackman said he was not in a position to say when the High Court would hear the application for speeding up the case.

Meantime, Ince’s attorney Marlon Gordon admitted that his client had applied for bail, while telling Barbados TODAY he was not sure when the trial in the Marcelle Smith case would start.

Gordon revealed that a DNA expert from abroad was being hired by the state to provide specialist testimony in the Smith murder trial. The autopsy on her body was also done by a special forensic pathologist from overseas who found that she was strangled to death. The car which she was driving when she went missing was found abandoned near Chelston Park, St Michael and Ince was initially charged with stealing the $14,000 vehicle.

emmanueljoseph@barbadostoday.bb

11 Responses to Smith family worried about delays in murder trial

  1. John Everatt October 17, 2017 at 12:10 am

    I have often wondered about this case as there had been no news about it in quite some time. To my mind this is not justice when someone accused has been on remand for years and the case has not been heard. But perhaps this is just the way Barbados law works.

    Reply
  2. Richard Braithwaite
    Richard Braithwaite October 17, 2017 at 12:47 am

    Why is someone charged with murder , given bail
    to go onto…commit , allegedly …another murder ?
    Yet a man who steaks a leg of lamb and ton of corned beef…given 6 months ….no bail ….staight to Dodds ? ….. Great judicary system in Bim !
    What say you ??

    Reply
  3. Shorty Benz
    Shorty Benz October 17, 2017 at 5:50 am

    Boy that’s just how it is… Wish you luck on that case hope u get justice soon (which I doubt) MONEY TALKS B** LSH*T WALKS!!!

    Reply
  4. Rawle Spooner
    Rawle Spooner October 17, 2017 at 6:14 am

    Definitely see they concern but this is not the only case like this in the slow snail pace justice system there are many.murderers on remand some for even longer than this case.Simple solution make justice system faster more effective for everyone not rocket science.

    Reply
  5. Tony Webster October 17, 2017 at 6:29 am

    Yep, there will be a trial. It will severely try the Smith’s family’s faith in The Law, and in Judicial System, whenever it comes. Their emotional wounds shall be opened afresh.
    This country has lots of nice, competent, loving, hard-working , God-Fearing, and patriotic folks. We however also have some folks, who are paid to do jobs to the best of their ability, so Help Them God, and who are a national shame and disgrace, and cause much unnecessary suffering to citizens who are caught up in their callous incompetence.

    Pray for those who suffer, and also for those who “can do better”. I do.

    Reply
  6. hcalndre October 17, 2017 at 6:47 am

    When persons are on vacation/leave at business places and offices{ in Barbados you would be told that you would have to wait until that person(s) return to have your matter look after, so if these people have died, that means the case is dead too.

    Reply
  7. Greengiant October 17, 2017 at 8:45 am

    He has only been charged. Even though he’s been accused twice, he only still an accused, and can’t be treated as though he’s guilty. We need to wait until the evidence is presented in court.

    Reply
  8. Angus Benn
    Angus Benn October 17, 2017 at 8:48 am

    The system set up in such a way that LAWYER and judge have to eat by giving CRIMINALS bail.

    Reply
  9. Angus Benn
    Angus Benn October 17, 2017 at 8:53 am

    They can easily pass a law if they wanted to. Only First OFFENSE will get bail. Once you commit a second crime no BAIL. What is wrong with that. So you and you Lawyer will know what the rules are.

    Reply
  10. Milli Watt October 17, 2017 at 9:28 am

    understand smith problem but why should this case go to the front of the line DPP (Ag). as I see it this is a family with a name in this country and using it to get through a broken justice system. If this case is expedited the Blackman showing exactly what he bout and he ain’t got the job yet. place is a complete waste

    Reply
  11. Rickie Nurse October 17, 2017 at 10:46 pm

    I am honestly believe that if our judiciary system does not deal with murder cases expeditiously, there will be a time in the not too distant future, that vigilante justice will rise with an explosiveness and the first arm of the law will not be able to nip it at the bud simply because the John public would have lost all hope for fair justice as duly reserve for the victim’s family.

    Reply

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