Bath Estate man granted leave of appeal

first_img Tweet Share Share Share Court gavelRobert Ross Bellot of Bath Estate has been granted leave of appeal by the Court of Appeal of the Eastern Caribbean Supreme Court on ground eight of the appeal filed and his conviction squashed.The Eastern Caribbean Supreme Court led by Chief Justice Honourable Hugh Rawlins and Justices Baptiste and Mitchel began its sitting at the Parliament Building in Roseau on Monday.Dawn Yearwood-Stuart, counsel representing the Appellant Robert Ross Bellot argued that the learned trial judge did not ensure that the nature of the oath and consequences was explained to two of the witnesses involved in the trial who were minors.Mrs Stuart further argued that voire dire (from French “to see to speak,” the questioning of prospective jurors by a judge and attorneys in court according to the Legal Dictionary) was not properly conducted to determine whether the children were fit to give evidence. According to Mrs Stuart the learned trial judge did not address the nature of the oath, “what about the nature of the oaths?” she questioned the learned justices.Mrs Stuart also indicated that the children did not take the oath and instead affirmed by raising their right hands.Justice Baptiste responded that due to a person’s religious persuasions they choose to affirm instead of swearing on the bible.Mrs Stuart explained that while this argument may in fact be correct, it does not remove the “duty of the trial judge to explain the nature of the oath and the consequences to the children”.Chief Justice Hugh Rawlins ruled that the appeal will be allowed and accordingly the conviction sentenced squashed. The case has been remitted to the High Court for trail and the Appellant is at liberty to file the necessary documents in the High Court regarding bail.Dominica Vibes Newscenter_img 24 Views   no discussions Sharing is caring! LocalNews Bath Estate man granted leave of appeal by: – November 8, 2011last_img