Perjury Case Against Officer Collapses
A High Court judge has ruled there was no case for Senior Constable Marley Sebastien to answer, directing the jury to return not guilty verdicts on charges including perjury, forgery and perverting the course of justice. Defence counsel argued the prosecution relied on inconsistent statements without independent corroboration and failed to establish a prima facie case.
A High Court judge has dismissed the criminal case against police officer Marley Sebastien, finding there was no case for him to answer and instructing the jury to return not guilty verdicts on all counts. Sebastien, who was indicted roughly four years ago, faced four allegations brought by the Director of Public Prosecutions arising from statements he gave in 2019 during an unrelated police matter involving officers Pamphil Prevost and Simon Power, and again during their 2022 retrial.
The counts included two counts of forgery, one count of perverting the course of justice, and an allegation of perjury. At the close of the prosecution’s case, Sebastien’s attorney, Valston Graham, submitted that the evidence did not establish a prima facie case and that his client should not be required to mount a defence.
Graham told the court that the prosecution’s case relied on discrepancies between competing accounts but failed to show that any particular statement was false. He also argued that, under the law governing perjury, independent corroboration was required and was absent in this matter.
The presiding judge agreed with the defence submission and told the jury that Sebastien should not be called upon to answer, directing them to return verdicts of not guilty on all three counts. Graham said the case dated back to an investigation that began in 2012 and welcomed the outcome as allowing his client to move forward with his life.
Sebastien walked out of the High Court after the matter was dismissed. The acquittal follows recent outcomes in related matters, where other officers were also discharged after courts found there was insufficient evidence to require a defence. Those decisions highlight the legal threshold prosecutors must meet in complex cases arising from internal police investigations and witness statements made at different times.
For BVI residents, the case underscores ongoing tensions between public expectations for accountability and the evidentiary hurdles prosecutors face in securing convictions in cases involving law enforcement. The Director of Public Prosecutions initiated the charges; court documents and proceedings provided the basis for Tuesday’s ruling.
No further proceedings against Sebastien in relation to these counts are expected following the judge’s direction. The matter will be of continued interest locally as the territory reviews how internal investigations and criminal prosecutions involving police officers are conducted and supported by evidence.
Primary source: BVI News