Trinidad. In the case of Japhet Bennett v The Queen, the Caribbean Court of Justice (CCJ) today overturned the conviction of Mr. Japhet Bennett. Mr. Bennett had been found guilty of the 2009 murder of Mr. Ellis Meighan Sr. in Belize City and was sentenced to life imprisonment in 2013. During the trial, Mr. Marlon Middleton, Mr. Meighan’s brother-in-law, had denied parts of his statement to the police that had identified Mr. Bennett as standing over the body with a gun. The jury, however, found him guilty of murder despite a submission by his attorney that there was little evidence to convict Mr. Bennett. The CCJ, by a majority decision, allowed Mr. Bennett’s appeal.

In 2009, Mr. Middleton had given a detailed statement to the police two days after Meighan was shot and killed. He claimed that he was riding his bicycle in the vicinity of the shooting when he heard gunshots. Mr. Middleton said that he then sped towards the area and saw a body on the ground. He saw a man, who he recognised as Mr. Bennett, standing about two feet away from the body with a gun in his hand. His statement also revealed that Mr. Middleton had been approximately forty feet away from the body, in a well-lit area, with nothing obstructing his view. Additionally, he stated that he had known Mr. Bennett for about four months and had seen him one week before the shooting.

At trial, Mr. Middleton denied that he had seen Mr. Bennett at the scene of the crime. The prosecution pointed out that Mr. Middleton had given a contradictory statement to the police and that that statement was made of his own free will and was accurately recorded by a police officer, in the presence of a Justice of the Peace, and signed by Mr. Middleton. The trial judge admitted the statement into evidence and it was read aloud to the jury. There was no other evidence linking Bennett to the shooting…[+]