‘A major tragedy’

The failure of police officers to hold an identification parade in a murder case in 2009 for construction worker Shawn Robinson, who was then 23 years old, has severely impacted his life as he was forced to spend six years behind bars before he was granted bail. Robinson was then freed almost two years later for a crime he did not commit.

Robinson’s case dragged on in court from May 2009 until January 2017 when the sole eyewitness said in court that he was not the perpetrator involved in the crime. The Crown then offered no evidence against him.

“A major tragedy”, is how attorney-at-law Hadrian Christie, who is representing Robinson in a civil case against the Government, described the “profound injustice” meted out to his client.

Robinson filed a lawsuit in the Supreme Court in September 2019 against the Government, seeking damages for malicious prosecution and constitutional violations due to the inhumane conditions under which he was detained.

The sole eyewitness, in his statement to the police, gave the name of the offender to be Selvin Robinson, also called ‘Shawn’, and said he had known him for 20 years. He said Shawn was about five feet three inches tall and was of a brown complexion.

However, Robinson’s unchallenged affidavit states that he has no alias and his only name is Shawn Robinson. He is of a dark complexion and is five feet nine inches tall. He contends that he made several pleas for an identification parade to be conducted from the time of his arrest, but those pleas were denied. The defendants have accepted that no identification parade was held.

Suffered immeasurably

Christie, who is instructed by the law firm Asher & Asher, told The Gleaner yesterday that Robinson suffered immeasurably during his incarceration and subsequent legal battle. He said “stress, embarrassment, and the loss of his family life took a toll on Robinson”. Christie said further that Robinson’s daughter was born while he was behind bars, depriving him of the early bonding moments that every parent cherishes.

Defendants in the suit are the attorney general, Detective Sergeant Alvan Fearon, and an individual identified only as ‘Detective Sergeant Roye’.

Robinson has been awaiting the signing of the default judgment for the last five months so that a date can be set for assessment of damages in the Supreme Court. Christie said Robinson laments the significant delays in both the criminal and civil aspects of the case, which have compounded his suffering.

“This harrowing case demonstrates the importance of pre-trial bail for accused individuals once they are likely to attend for trial,” Christie added.

On October 29, 2019, the defendants applied for an extension of time to file a defence due to a lack of information to respond to the claim. The extension was granted by Master in Chambers Pamela Mason at the Supreme Court in November 2020. The order stated that the defence was to be filed and served on or before February 26, 2021, failing which the claimant, Robinson, was permitted to obtain a default judgment. The defence was not filed, and another extension was sought on February 25, 2021, just a day before the extension expired. The application was heard by Master Sherna Reid on June 30, 2021, and was rejected on April 24, this year.

The defendants appealed the ruling and contended that there was no delay in the filing for further extension because it was filed a day before the expiration of the time that had previously been extended. It was argued that the explanation given in the various affidavits for the delay was sufficient.

Investigating officer died

They argued that the delay was due to difficulties in obtaining instructions to file the defence since the senior investigating officer had died and the other police officer had retired.

However, Christie argued that the defendants failed to demonstrate that their defence had any merit. Christie emphasised that there was no explanation as to how the named perpetrator, Selvin Robinson, was suspected to be the same person as the claimant.

The Court of Appeal, comprising Justice Marva McDonald-Bishop, Justice Nicole Simmons, and Justice Kissock Laing, agreed with Christie’s submissions, and in refusing the application for extension of time for permission to appeal the order of Master Reid, ruled in July that there were sufficient bases on which the master could properly have concluded that the draft defence did not disclose an arguable case. The court found that there was no good reason for the delay in filing the defence before the time as extended by Master Mason.

The defendants are being represented by attorney-at-law Kristina Whyte, instructed by the director of state proceedings.

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