Last night we told you that a jury convicted Police Constable Cyril Wade of dangerous harm for brutally beating a detainee so bad that he lost 25 inches of his intestines. Today Wade was to be sentenced, but instead of jail time, there was a stunning reversal of fortune: instead of spending years behind bars, the disgraced constable could be free soon!
What happened? Well it’s more like what didn't happen because when the jury forelady said guilty, she didn't indicate if it was unanimous. In fact the vote was 5 to 4 which has created quite the legal tangle. Wade's attorney Hubert Elrington explains.
Hubert Elrington, Wade’s Attorney
“This morning we were supposed to do the mitigation plea in respect of the conviction but when we got there myself and the crown counsel were called into the judge’s chamber who informed us that he had been informed by the forelady of the jury that in fact the jury had not been unanimous and that the proportion was five in favor of conviction and four against and the information conveyed that the jury was unanimous was not correct. My client is still on remand because we have to sort out the legalities of the matter but on Tuesday the matter will come up again for legal arguments.
Keith Swift,
As it stands right now, if that verdict was read and they had indicated it was 5 to 4, your client would have been a free man because it would have been a hung jury.
Hubert Elrington,
“Yes obviously and then all the sensationalism. All this sensationalism that this jury had in fact agreed that he was guilty when in fact it had not occurred, it has prejudiced him seriously indeed.
Keith Swift,
Who dropped the bail, who made a mistake, who didn’t ask the right questions?
Hubert Elrington,
“Well in the course of life these things, you wouldn’t want to blame anyone. It happens.
Keith Swift,
How are you going to suggest the court work this out?
Hubert Elrington,
“We have to look at the case law to see what is to be done and that is what the judge wants, he wants the case to be cited to him.
Wade was charged for the September 2004 incident where Emil Pinelo was beaten while detained at the San Ignacio police station. Pinelo claims he was brutalized so badly that he had to have 25 inches of his intestine removed.
