Privy Council refuses leave to appeal
Josue Carillo Perez, who was found not guilty of murder after trial by judge alone last year, will return to court on 10 December for a new trial date to be set.
Perez was charged with the murder of Martin Joseph Gareau at Mr. Gareau’s residence in Beach Bay, Bodden Town, between 16 and 20 May 2008.
He was found not guilty in October 2009. The Crown appealed and in March 2010, the Cayman Islands Court of Appeal found that Justice Roy Anderson had misdirected himself as to the standard of proof in cases of murder. That court sent the matter back to Grand Court for a new trial.
Defence Attorney Anthony Akiwumi then applied for leave to appeal to the Privy Council in London.
On Friday, Senior Crown Counsel Trevor Ward advised Justice Algernon Smith the Legal Department had received notification earlier in the week that the Privy Council had refused leave to appeal, “so we are now in a position to set a date” for the re-trial.
Mr. Ward said it was still estimated that the trial would last four to five weeks.
Mr. Akiwumi and his client were present, but did not speak. Perez has been back in custody since March.
The Criminal Procedure Code states that a person who has been tried and acquitted or convicted shall not be liable to be tried again on the same facts for the same offence “while such acquittal or conviction has not been reversed or set aside”.
In this case, the Court of Appeal set aside the not guilty verdict.
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