(Photo Credit: BVI Platinum News)
In keeping with the orders of Justice Rajiv Persad, the Crown yesterday, April 29, indicated that Pamphill Prevost and Simon Power will be facing a retrial on the charge of conspiracy to steal.
Back on April 16, the men received a not guilty verdict on the charge of conspiracy to pervert the course of justice, however, there was a hung jury of 5-4 on the charge of conspiracy to steal.
Justice Persad had ordered a retrial after over three months of hearings, however, he had noted that while he was ordering the retrial for formality, it was up to the Crown to decide whether they would be pursuing that avenue.
Their recent High Court trial commenced in January and was in relation to accusations of stealing money from police cash seizure operations.
Previous Article Published April 16: Judge Orders Retrial Of Cops
After over nine hours of deliberation, the nine-member jury was unable to arrive at a verdict for Pamphill Prevost and Simon Power on the charge of conspiracy to steal, prompting the judge to order a retrial.
On count three, which was conspiracy to pervert course of justice, the jury delivered a not guilty verdict at about 9:00 p.m, with a majority vote of 8-1.
Initially, after eight hours of deliberations today, April 16, there was a hung jury on the conspiracy to steal charge, with jurors arriving at a 5-4 deadlock. Then, after an additional hour, they were still unable to arrive at a final verdict, with a vote of 6-3.
Justice Rajiv Persad, after discharging the jury, ordered a retrial of Prevost and Power on the first count during the next High Court assizes, which is next month.
He however noted that while he has ordered a retrial, it is the prerogative of the Crown to proceed with a retrial after acting on the Directions of the Director of Public Prosecutions (DPP).
The High Court trial commenced in January and saw testimonies from a number of persons, both in person and via video link.
The men were on trial in relation to accusations of stealing money from police cash seizure operations.
Previous Article Published April 16: Cops To Know Fate
Almost three months after the trial began, Pamphill Prevost and Simon Power will today, April 16, know their fate when the nine-member jury is expected to deliver their verdict on the two charges each that the men are facing in relation to funds allegedly stolen from police cash seizure operations.
Prevost and Power have been on trial since January 22 on charges of conspiracy to steal and conspiracy to pervert the course of justice.
These charges were laid based on allegations against the men while they were employed in the Police Force's Proactive Unit.
Shawn Henry was also on trial for conspiracy to steal, but on April 5, he was acquitted. Power was also freed of a charge of acquisition and possession of the proceeds of crime.
Over the last three months, a number of prosecution witnesses took the stand to testify against Prevost and Power, in support of the Crown’s allegations that the men stole thousands of dollars from several cash seizure operations over the course of several years.
In some cases, there were allegations by witnesses who claimed that Prevost tried to recruit them to join the operation. The Prosecution further alleged that Power and Prevost used the stolen money to build houses.
Prevost, in his defense, took to the stand to deny all the accusations levied against him by the Prosecution and their witnesses. Power, however, opted to remain silent, but brought forward two witnesses to testify in his favour.
Prevost and Power are being represented by Attorneys Patrick Thompson and Israel Bruce respectively.
In their address to the jury, the men’s legal representatives had attempted to discredit the star Prosecution witnesses, alleging that they could not be trusted. They also posited that the Crown failed to prove that the men had any agreement to steal money.
Justice Rajiv Persad will sum up the case today, after which the jury is expected to deliberate and deliver a verdict.