Regina v Webley, Herald

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE HOME CIRCUIT COURT

HCC 89/04 (1)

REGINA vs. HERALD WEBLEY

MURDER

Mrs. Valerie Neita-Robertson and Miss Linda Wright for Accused/Applicant

Mrs. Diahann Gordon-Harrison for the CrownJRespondent

IN OPEN COLRT

Application to Stay Proceedin~s- abuse of process- failure to provide statements -

delay in trial - need to show exceptional prejudice

4th, 5th and 7th December 2006

BROOKS, J.

Mr. Clinton Lecky was a security guard. He was deployed by his employer to the

campus of the Vocational Training Developmental Institute (VTDI) in Saint Andrew.

His dead body was found in a study room on that campus on the morning of 16'~A ugust,

1999. There is evidence that he died a violent death. Mr. Herald Webley, also a security

guard, and similarly deployed, has been charged with murder arising from that death.

The prosecution has not produced any person who is alleged to have witnessed

the event in which Mr. Lecky met his demise. It is relying mainly on a cautioned

statement taken from Mr. Webley and on the evidence of another guard, a Mr. Beresford

Gray. Mr. Gray alleges that on the previous evening Mr. Lecky and Mr. Webley had an

argument on the campus. Mr. Lecky was supervisor to both Mr. Gray and Mr. Webley.

On the 4th December 2006, when this case came on for trial for the twentyseventh

time, the situation was that the case, once again, could not be started. Mrs.