Labrador investigation/trial conducted with transparency: BVI Governor says
Courtesy: BVI Island Sun
The Governor's Office, in a press release dated 8 April, 2003, reiterated the British Virgin Islands' position in relation to the territory's continued history of respect for the rule of law and the equal treatment of all persons before the law.
"The investigation, trial and conviction of William Labrador for the murder of Lois McMillen, had been conducted with transparency and in accordance with the established laws of the territory and so has been the case with the conduct of his appeals before the Court of Appeal and the Privy Council, culminating in the quashing of his conviction," the release stated. It continued: "It is in this respect that upon receiving the judgment of the Privy Council that the process was immediately initiated for the release of Labrador. We are grateful for the Privy Council's careful scrutiny of this case. It is worthy of note that on the major issue deciding the appeal (the warning to be given for the evidence of a cell confession), a new principle has been stated. On that issue, the Court of Appeal's decision had been considered to be quite in line with prevailing authority. This new statement of the law will no doubt benefit the entire Commonwealth in the development of its jurisprudence.
The territory's legal and judicial systems have been tested from time to time. On each occasion they have been shown to work and it remains the resolve of this territory to ensure continued fairness in its justice process. It is for this very reason that there is in place an appropriate appeals process of which the territory can be justly proud. It is important to note that nothing in the Privy Council's decision allowing the appeal of William Labrador and Alexander Benedetto casts any doubt on the system of administration of justice in the British Virgin Islands.
Accordingly, the British Virgin Islands
remains a jurisdiction that continues to uphold the rule of law
and thus to apply the law of the territory with diligence and
to all manner of persons without fear or favour. The territory's
determination in fully implementing its laws has to date ensured
the very low level of crime within our community. The government
continues to advise all residents and visitors alike to be law
abiding and to do its best to ensure a safe environment for all."
The release from the Governor's Office went on to say that in
light of the Privy Council's decision, the Attorney General would
no longer proceed with the charge of conspiracy to pervert the
court of justice against Michael Spicer and Alexander Benedetto.
A Nolle Prosequi was entered in the High Court on 9 April 2003.