Murder case discontinued against 7 in Supreme CourtThursday, April 22, 2021
KINGSTON, Jamaica – Prosecutors today entered a nolle prosequi to discontinue criminal proceedings against the seven individuals charged in relation to the 2018 killing of an alleged Corporate Area don, effectively springing them from jail for now.
The seven, including three relatives of reputed former Tivoli Gardens strongman Christopher “Dudus” Coke, were facing charges ranging from murder, conspiracy to murder, illegal possession of firearm and ammunition in connection with the death of 31-year-old Patrick Davis, otherwise called Pee Boy, whose body was found in Rockfort, Kingston, on Monday, March 12, 2018.
Iesha Jones, Andrew Coke, Lanchester Coke, Michael Coke, David Biggs, Delmarco Cephas and Wayne Page will be released from custody, but will still have the charges looming over their heads.
Yesterday Supreme Court Judge Justice Leighton Pusey had insisted that he wanted “to hear the legal arguments” before the nolle prosequi application was presented to the court.
He said the prosecution should have this morning presented its arguments before the court, followed by a response from at least three members of the defence team.
Section 4 of the Criminal Justice (Administration) Act prescribes that at any stage before the court renders judgment, the Director of Public Prosecutions (DPP) may discontinue criminal proceedings in any court by entering a nolle prosequi.
She may do so by stating in open court where the proceedings are pending or by informing the clerk of the courts in writing that the Crown does not intend to continue such proceedings. Consequently, the proceedings will end and on receipt of such notice the accused shall at once be discharged in respect of the charge for which the nolle prosequi is entered.
However, the entering of a nolle prosequi by the DPP is not an acquittal on the charges being tried and the DPP has the power to bring back or re-indict the matter. A nolle prosequi can be entered even though the accused person has pleaded guilty to a lesser charge on the indictment, for example pleading guilty to manslaughter instead of murder, as long as the court has not yet passed sentence.
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