Auguste wins! No food, no shower – Confession deemed ‘inadmissable’ Loop Barbados

The content originally appeared on: Barbados News

Today, January 16, 2024, some five years after the then 18-year-old Toshika Auguste was charged for Assisting an Offender, the prosecution has withdrawn the case.

The charge was that on October 30, 2018, Auguste in Christ Church, knowing or believing that Stefon Greaves had committed an arrestable offence, to wit: Murder, did without lawful authority or reasonable excuse assist the said Stefon Greaves by renting an apartment and housing him at the said apartment, an act intending to impede his apprehension.

The offence was contrary to section 8(1) of the Criminal Law Act (Arrestable Offences) Act, Chapter 125A.

On first appearance she was remanded to HMP Dodds and her bail application by her then representation was denied. The prosecution objected to bail saying at that time, that denying bail would be in the public’s interest.

there have been improvements, but there are still breaches going on

Represented now by defence attorneys Lead Counsel Michael Lashley KC, Kellyanne Blackman, Sharise Dottin and Jayde Kennedy, Auguste, who is of of Harrison’s Tenantry, Crab Hill, St Lucy, got her day in court and won.

Speaking to Loop News, Lashley said, “The jury was instructed to bring back a not guilty verdict after a successful objection to the written statement allegedly made by the accused and the oral confessions.”

Throughout the proceedings the defence contended that the statement was taken “in breach of her constitutional rights and in breach of the judges’ rules and in circumstances where the accused was not allowed a meal for 16 hours and a bath for two days before taken of statement and the alleged oral confessions.”

Lashley and his team on behalf of Auguste asserted that under such circumstances “it [the statement and confession] should be deemed as inadmissible in accordance with the Evidence Act of Barbados.” Considering the arguments, statements and circumstances, the trial judge ruled in favour of the defense team and deemed them inadmissible.

This morning, the prosecution came and then withdrew the case. Subsequently, the trial judge gave directions to the jury to bring back the verdict.

The Prosecution was Crown Counsel Tito Holder and Kevin Forde.

Asked how he feels about this outcome and the state of affairs as it pertains to police taking statements and confessions now five years, almost six years later, Lashley KC told Loop, “Well I think that at some stations there have been improvements, but there are still breaches going on.”