Convict in killing of Paulwell's daughter and her mother should have been charged with murder - attorney

Attorney Hugh Wildman is asserting that the man who was sentenced to seven years and ten months in prison on Wednesday for his role in the killing of a mother and child should have been charged with murder instead of conspiracy before the fact to murder.

Roshane Miller had pleaded guilty to participating in the plan to kill Sarayah Paulwell, the ten month old daughter of Member of Parliament Phillip Paulwell, and her mother, 27-year-old Toshyna Patterson. They were abducted from their St Andrew home on September 9 and taken to East Kingston where they were shot and killed and the bodies burnt.

However, Wildman argued that Miller could have been charged with murder because there is provision in law for that to be done.

He noted that both at common law and under the Criminal Justice Administration Act “any person who is liable to be charged as an accessory before the fact can be charged, tried and convicted as the principal offender, that is to say in this case he could be charged with murder.”

Wildman described the situation as “overturning centuries of English jurisprudence that is settled law. The books are replete with cases, including Jamaica, where this has been done.”

Commenting further, Wildman explained that the same evidence that could have convicted a person for accessory before the fact, could have convicted him for murder.

“The law says anyone who counsels and procures the commission of the offence can be tried and convicted as the principal offender,” he added.

The Director of Public Prosecutions Paula Llewellyn explained on Wednesday in a press release that Miller pleaded guilty to participating in the planning of the murder, “however, there was no evidentiary material that Mr Roshane Miller was on the scene on the day of the kidnapping and murders and neither was there any evidentiary material to show that he participated in the actual kidnapping on the 9th day of September, 2023.”

Another man, Richard Brown, pleaded guilty to kidnapping and double murder in relation to his role in the crime and he was sentenced to 30 years on each count of murder and will serve 20 years before he can be eligible for parole.

Leoda Bradshaw, a 34-year-old US Navy Officer and her cousin Roland Balfour are facing murder charges in connection with the deaths of the mother and child. They are to return to the Home Circuit Court on December 1.

-Barbara Gayle

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