Case falls apart and the first of three murder suspects freed

Alex Soler

On February third of last year, the bodies of twenty-six year old James Swan and twenty-eight year old Eduardo Gutierrez were discovered in a shallow grave some seventeen miles north of San Pedro Town in the Rocky Point Area. The double murder was believed to have been the result of a drug deal gone bad. Three men: twenty-two year old Alex Soler, twenty-seven year old Victor Garnett and twenty-nine year old Brionne Swift, were charged in connection with the murders. But on Wednesday after almost a year on remand, one of the accused, Soler, walked free after the Director of Public Prosecution entered a nolle prosequi.   The preliminary inquiry into the murder got underway on Wednesday in the San Pedro Magistrate Court.  The accused trio appeared before Presiding Magistrate Emerson Banner. The charges against Soler were dropped at the instructions of the DPP due to insufficient evidence. But what about Swift and Garnett? Swift’s Attorney, Dickie Bradley says the prosecutor’s witnesses are contradicting each other and there is also insufficient evidence against his client to proceed to trial.

Dickie Bradley, Attorney, Brionne Swift

Richard "Dickie" Bradley

“The defense has not called any witness, any alibi to say anything. That is the prosecution’s case. You cannot have a prosecution case where the very prosecution witnesses are contradicting each other. It’s not a question of one side is saying something and the other side. This si only one side; this one side is saying somebody is giving information to the police that is very, very misleading. Somebody is making accusations against persons and can’t substantiate it. He did not see anybody so there is that problem that the evidence is just not sufficient.

Brionne Swift

In relation to Brionne Swift—Mr. Garnett was represented by Simeon Sampson—but in relation to Brionne Swift, there was certainly insufficient evidence in our view that it ought not be sent to the Supreme Court. The magistrate, when he goes back to court as the presiding magistrate, in my view ought to dismiss the charges against them. If not, we will waste the Supreme Court time but the Supreme Court will discharge those men of those charges. And what it leaves us with is who killed cock robin? Because they are other men who are going to sue that you kept me in jail and there is even no evidence. This is not somebody saying that maybe I mi deh out deh. There is no evidence.”

The two accused return back to court in two weeks for a decision by the Magistrate Banner as to whether the case will go to the Supreme Court.