Seven years after 13-year-old Verlinda Joseph was raped and murdered news has come from the Ministry of Justice that the Crown “will be in a position to prosecute the case” come January and that the “Director of Public Prosecutions has indicated that she has received all the processed depositions.” The statement from the ministry of Justice and the Attorney General’s Chambers comes a week after lawyer Martinus Francois brought the case into the public eye again when he challenged the fact that a relative of Verlinda had been arrested and charged for the crime of causing her death but there had been no trial, some five years later. Eugene St Romain, Verlinda’s father has been on remand at Bordelais.
Francois had petitioned the court that his client’s constitutional rights had been breached and requested that a date for the trial be set in the interest of justice not being delayed. The court granted the order for the case to be heard at the next Assizes in January.
The Ministry of Justice, however, is on the defensive.
First the ministry explained that on 27th October, 2009 a constitutional action was filed by Eugene St Romain alleging inter alia breach of his rights to a fair trial within a reasonable time and the right to be released with or without conditions.
The statement went on: “Mr St Romain was on 7th April 2004 charged for the offence of murder of Verlinda Joseph. A Preliminary Inquiry commenced on 30th June 2004 and lasted for two years and one month. During that time the Crown deposed a total of 38 witnesses, seven of whom were forensics and or forensic/orthodontic experts. At the conclusion of the evidence of the Crown, Counsel for Mr St Romain requested time to make a submission. The request for time to make that submission was renewed on several occasions until finally on 16th February, 2007, Mr St Romain was committed to stand trial in the High Court. Meanwhile the several depositions were being processed by the court offices. Mr St Romain filed his claim because no indictment had as yet been filed against him. Mr St Romain’s claim was fixed for first hearing for 17th November 2009.
“The Attorney General’s Chambers attended the matter prepared to defend the same in the Court. However, counsel for the Claimant, Mr Martinus Francois, indicated to the Court that he was prepared to withdraw the matter if he could be granted an order that the criminal matter be proceeded with at the “next sitting of the Assizes following.” An order was therefore granted in those terms.”
The statement went on: “It is always the intention of the Crown that prosecutions of persons charged with any offence proceed expeditiously. The Criminal Courts (Delay Reduction Rules) 2009 is an attempt by the Crown to ensure a more efficient criminal system and that persons do not remain on remand for any protracted period before being tried in the courts. The Government of Saint Lucia continues to make every effort to provide better access to justice to all affected persons.”

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