D.P.P. Comments on Charge Dismissed Against Accused Murderer

An accused murderer is a free man tonight after a crown counsel in the D.P.P.’s office failed to show up in court. As we reported on Thursday, Shawn Hertular saw the charge dismissed by Justice Derick Sylvester because no one from the Office of the Director of Public Prosecutions appeared in court. Hertular was accused of fatally stabbing Miguel Zaiden in November 2021. Prior to that charge, he was sentenced to twenty years in prison for a previous homicide. So, the man who was once sentenced for murder and charged with another is now a free man. So, whose fault is it? That’s what we asked the Director of Public Prosecution, Cheryl Lynn Vidal, today.

 

Cheryl Lynn Vidal, Director of Public Prosecutions

“Sometime ago that file was assigned to a particular counsel, and that counsel did not show up to work or to court yesterday. and that matter will be dealt with. I don’t want to speak any further on it.”

 

Hipolito Novelo

“But the murder charge that has been dismissed, right?

 

Cheryl Lynn Vidal

“That was the indication from the marshal.”

 

Hipolito Novelo

“Yes. He’s basically a free man.”

 

Cheryl Lynn Vidal

 “At the moment. Yeah.”

 

Hipolito Novelo

“(He) can’t be charged with the same crime again.

 

Cheryl Lynn Vidal

“We will make a determination as to how we are moving forward with the matter.”

 

Hipolito Novelo

“So who’s ultimately to blame here? Basically no one from the DPP’s office was sent. Is it you to blame?

 

 

Cheryl Lynn Vidal

 “You’ve all been here. When I have matters, I show up on time.”

 

Hipolito Novelo

“Insubordination from your staff? I know we had issues between you and them in the past and the Attorney General’s office.  Indication about ongoing tensions?”

 

Cheryl Lynn Vidal

“I said it will be dealt with. There was a counsel who should  have appeared to conduct  that trial yesterday and that counsel did not appear and that was the consequence.”