They were convicted of the worst mass killing event in Belize City’s history - and a judge sentenced them to death by hanging for quadruple murder. But tonight after being on death row for almost 4 years - Leslie Pipersburgh and Patrick Robaeau could soon be free men. This morning the Privy Council quashed their murder convictions and sent the case back to the Court of Appeals for a new trial. In March of 2004, Pipersburgh and Robeateau were convicted of murdering Fidel Mai, Kevin Alvarez, David Flores and Cherry Tucker on the night of June 13 2002.
After a four week trial in which 22 witnesses were called they were sentenced to death by hanging. The Appeals Court upheld the conviction in 2007 with a vote of 2 to 1. Justice Manuel Sosa dissented - writing that there was a “quintet of judicial errors” by trial Judge John Gonzalez. And it’s those errors which led to the Privy Council’s sensational decision. The five lords heard arguments from Queen’s Council Edward Fitzgerald on January 23rd. Senior Counsel Simeon Sampson was there and today he told us – off camera – why the conviction was thrown out.
Simeon Sampson, Senior Counsel
“The Privy Council dealt with this appeal this way, the strongest point on behalf of Robateau and Pipersburgh was the fact that during the trial the judge allowed the witnesses to identify these accused persons while sitting in the dock during the trial and unfortunately no identification parade had been held. That being so, the Privy Council said that in itself is not fatal. That evidence is still admissible but having admitted it, the judge then is obliged, it is mandatory that the judge instructs the jury that because the principal evidence against these men was identification in the dock without an ID parade, the judge ought to instruct the jury that they must examine that dock identification evidence with meticulous care and caution. The judge failed to do that in this case and the Privy Council said we do not think that this conviction is safe and we will instruct the Court of Appeal to quash the conviction and consider whether a new trial, a retrial will be in order.
When next the Court of Appeal of Belize arises, all this will be in place. The men will be brought back to the Court of Appeal to face the judges and then there will be a determination made whether in the discretion of the Court of Appeal, with the assistance of course and guidance of the Director of Public Prosecutions. They will consider whether a retrial is in order or practicable. But in consequence of this, the conviction is gone.”
Also factoring into the judgement was trial Judge Gonzalez’s decision not to hold a voir dire after defense attorney Linsbert Willis objected to a confession Robateau allegedly gave to Belize’s Ambassador to Mexico Salvador Figueroa. The Privy Council also considered that there was no ID parade at the police station because the Crown Counsel told the police not to conduct one.
So to recap – Leslie Pipersburgh and Patrick Robateau’s convictions for the murders have been quashed. It is now in the hands of the Court of Appeals to either order a new trial or simply set them free. The Appeals Court convenes in Belize on Monday but because of the paperwork – the case will be heard at a future date. Until then, they remain imprisoned. It’s important to note that in his dissenting vote at their appeal – Justice Manuel Sosa said that if the identification from the dock was excluded – there would be little evidence against Pipersburgh and Robateau.
You can read the judgement online at http://www.privy-council.org.uk.
