DPP rebuts claim convict in killing of mother and baby could have been charged with murder

Director of Public Prosecutions Paula Llewellyn and defence attorney Christopher Townsend say murder charges could not have been laid against Roshane Miller for his role in the killing of Sarayah Paulwell, the 10-month-old daughter of parliamentarian Phillip Paulwell, and her mother, 27-year-old Toshyna Patterson.

Llewellyn and Townsend today responded to comments attorney-at-law Hugh Wildman made that Miller, who is Townsend's client, should have been charged with murder instead of accessory before the fact to murder, because there was provision in law for that to be done.

“Murder was not a charge that was sustainable on the evidence. There was clearly activities on the part of my client which takes him out of the realm of common design and so the charges proferred were the right charges given the circumstances,” said Townsend.

Townsend said Wildman should be aware that the process is scrutinised by a judge and if it were that the charge was not supported, the judge would have the liberty not to accept the agreement.

“It is always best to speak from an informed position and my client has pleaded guilty and has gone on to pay his debt to society,” Townsend added.

Miller had pleaded to two counts of accessory before the fact to murder and was sentenced on each count to seven years and ten months, to run concurrently. He was also sentenced to two years and ten months for conspiracy to kidnap.

In response to Wildman's claim, the DPP said “this matter is a sensitive matter and when we issue press releases, it is in the interest of transparency and where you have high public interest matters which tend to be very emotive, this has helped the public to understand why the prosecution has proceeded on a particular course.”

“However, it was the view of myself and my team that given the sensitivity of this matter, we could not be as expansive as we wished. However, in the final analysis there was no evidentiary material to show that Mr Miller continued to act in concert with the other co-conspirators."

The DPP emphasised that if the prosecution did not have the evidence to rebut material that would show that the suspect withdrew from the common design to murder and kidnap on September 9, then it would be unethical for the prosecution to indict an accused person for murder when it is quite clear that it cannot be proved to the requisite standard.

“We are bound as prosecutors to operate within the confines of the law, we cannot speculate or pander to emotions or seek to gain cheap popularity. We have to act within the highest tradition of our profession,” the DPP explained.

She added further that the matter was dealt with under the Plea Negotiations Act which was highly confidential, “therefore I decline to make any further comment on the matter.”

One of the co-accused, Richard Brown, pleaded guilty to kidnapping and double murder in relation to his role in the crime and he was sentenced last week  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 and they are to return to the Home Circuit Court on December 1.

-Barbara Gayle.

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