Permanent Stay Granted in High-Profile Police Murder Trial in Portsmouth

RasTa Joe 4th July, 2023

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The murder case involving the death of Joshua Etienne took a decisive turn, as High Court Judge Thomas W. R. Astaphan granted a Permanent Stay of Prosecution to the accused police officers Martin Seaman and Delvin Challenger. This case dates back to July 4, 2014, when Etienne was discovered dead in police cells in Portsmouth, a day after his arrest on alleged ammunition possession. An autopsy revealed serious injuries including multiple broken bones and a punctured organ.

Initial charges were levied against five police officers, but were eventually dropped for three of them. Among these was the now-retired former Sergeant of Police Hayden Morgan, who was not on-site during the incident but was charged due to his command position at the time. Despite being re-arrested after a failed Judicial Review in March 2015, the charge against Morgan was discontinued by July that year by the Director of Public Prosecutions (DPP).

Following his release, Morgan filed a lawsuit against the Attorney General, the DPP, and arresting officer Matthew Cuffy. In the years that followed, charges against Police Constable Orlan Vigille and Corporal Gemma Louis were also dropped due to lack of sufficient evidence, as ruled by Magistrate Arley Gill.

The murder trial was set to continue with Challenger and Seaman, but their charge was reduced to manslaughter. Their attorneys sought a Permanent Stay of Prosecution, pointing to procedural delays, “serious procedural irregularities” during the Preliminary Inquiry, and a lack of evidence linking the officers to the fatal injuries sustained by Etienne.

This led to Justice Astaphan’s recent ruling, granting the Permanent Stay of Prosecution to the accused officers, thereby establishing the final decision in this long-standing case.