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Jul 10, 2018

CCJ Restores Gilbert Henry Conviction, But No Additional Jail Time is Given

The Caribbean Court of Justice has handed down a decision ordering that a conviction and subsequent five-year sentence imposed on Gilbert Henry for causing dangerous harm, be restored.  The judgment comes after Henry completed the sentence and as a result, he will not face additional jail time or any other sanction.  In 2008, Henry was charged with the attempted murder of Ellis Taibo.  The Belize Court of Appeal quashed the conviction in a written judgment delivered on June sixteenth, 2017, overturning an oral ruling it had previously delivered in the case.  But in its judgment today, the CCJ bench soundly criticized the Court of Appeal for procedural flaws.  Attorney Kevin Arthurs represented Henry, while Director of Public Prosecutions Cheryl-Lyn Vidal appeared on behalf of the Crown.

 

Cheryl-Lyn Vidal, Director of Public Prosecutions

Cheryl-Lyn Vidal

“Your honors, this is an appeal against the decision of the Court of Appeal of Belize handed down on June 16th, 2017, allowing the respondent to appeal against his conviction and quashing his sentence.  It was brought by way of notice of appeal filed on December 4th, 2017 pursuant to special leave granted to the appellant on November 16th, 2017.  There are five grounds of appeal that have been filed by the appellant and with your honors‘ leave, I propose to argue grounds two and three together and grounds four and five together and if I may proceed by stating the ground and the facts relevant to each ground and then making my submissions in that manner.”

 

CCJ Judge

“Before you deal with the grounds, it wasn‘t clear to me when or maybe you have that information.  When was Mr. Henry detained and when was he released or got parole.  How long was he in detention.  From when to when?”

 

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