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Caribbean Court of Justice Upholds Fairness in Military Justice: The Case of Lieutenant Harewood

 


Overview

The Caribbean Court of Justice (CCJ) recently ruled on an appeal brought forward by the Barbados Defence Force (BDF) regarding the termination of Lieutenant David Anthony Harewood. The CCJ dismissed the appeal, affirming that the BDF was indeed in error when it terminated Lieutenant Harewood.

Background on Charges:

Lieutenant Harewood, a former commissioned officer in the Barbados Defence Force (BDF), was convicted by the Court Martial on June 4, 2019, for charges stemming from events in January 2018. These charges included failure to report a threat to Ordinary Seaman Marlon Scott's life and conducting unauthorized information-gathering operations, both considered violations of military conduct as per section 75 of the Defence Act Chapter 159. However, the Court of Appeal overturned this conviction on June 27, 2023, citing insufficient evidence presented by the prosecution to prove the existence of these offenses. 

Interpretation of Section 75 of the Defence Act

The military commandant can order the use of mechanical restraint on a soldier under sentence if it's deemed necessary to prevent harm to themselves, others, or property, or to stop disruptive behavior. This order must specify the date, time, and duration of the restraint, not exceeding 24 hours. The commandant must promptly inform the local commander and medical officer of this order. The medical officer assesses if there are medical objections to the restraint; if so, the commandant adjusts the order accordingly. Restraint duration must be minimal, and exceeding 24 hours requires written approval from the local commander, not exceeding 48 hours. Only approved mechanical restraints can be used, and each application or removal must be overseen and recorded by an officer or senior staff member.

Procedures and Proceedings:

Following these charges, Lieutenant Harewood underwent a trial before a five-member tribunal, which ultimately found him guilty. This led to his dismissal from the BDF in June 2019.

Appeal and Grounds:

Lieutenant Harewood appealed the tribunal's decision to a three-member panel comprising Chief Justice Sir Patterson Cheltenham and Justices of Appeal Francis Belle and Margaret Reifer. His appeal was based on seven grounds, including claims of excessive sentencing, lack of evidence supporting the court martial's findings, and assertions that the alleged actions did not demonstrate an intent to harm or injure.

The CCJ's Ruling:

The Court of Appeal initially quashed the decision to dismiss Lieutenant Harewood. However, upon the BDF's appeal to the CCJ, the court upheld the dismissal, indicating that the reasons for this decision would be provided at a later date.

Legal Representation:

Throughout these proceedings, legal representation for Lieutenant Harewood was provided by attorney Vincent Watson. The BDF was represented by attorneys Leslie Haynes KC, Noah Haynes, and Kashawn Woods, along with Senior Crown Counsel Oliver Thomas, attorneys Rita Evans, Captain Neville Corbin, and Jamar Bourne.

Explanation of Breaches and What Went Wrong:

The dismissal of Lieutenant Harewood from the BDF stemmed from serious allegations regarding his conduct as an officer. The charges of failing to report a threat and engaging in unauthorized operations are significant breaches of military protocol and integrity. The subsequent trial and appeals process highlighted discrepancies in evidence, questions regarding the severity of the sentence, and the overall handling of the case within the military justice system.

Ultimately, the CCJ's dismissal of the BDF's appeal underscores the need for adherence to legal procedures, fair trials, and the careful consideration of evidence in military disciplinary matters.




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