- Jeff Mayers
Attorneys confirmed on January 2 that at the time of special prosecutor Randall Hector’s murder on December 21, he was not involved in any active prosecution of suspected gang leader Calvin “Tyson” Lee.
Hector had previously prosecuted a case against Lee, who was charged with gang leadership and possession of firearms and ammunition for gang-related activities. That case was dismissed by High Court Master Shabiki Cazabon on September 23, 2024, for “want of prosecution.”
In the earlier proceedings, Lee’s defence team of Pamela Elder, SC, and Russell Warner, had requested critical CCTV footage of his arrest and detention, which the police initially refused to disclose. After delays and a court order, the evidence was provided, and, with no supporting evidence submitted at the sufficiency hearing, the charges were dismissed, his attorneys confirmed.
Lee later spoke publicly, denying involvement in gang activities and accusing the police of harassment. He described being targeted unfairly and spending months on remand based on unsupported allegations.
Lee’s attorneys confirmed the crucial video evidence related to Lee’s arrest at St Paul’s Street and his transfer to the Carenage police station.
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They applied for the footage in a freedom of information application but after several delays, the police refused to provide it.
Lee’s attorneys then applied to the High Court for an order, which Hector joined, agreeing that the evidence was important for both the defence and prosecution.
Cazabon granted the order and eventually, the evidence was provided.
Newsday also confirmed Lee was granted bail in June despite the State’s resistance and at the sufficiency hearing in September, with no evidence being filed to support the charge, Elder asked that the matter be discharged.
“It is hereby ordered that in accordance to Rule 5.9 of the Criminal Procedure Rules, the accused is discharged for want of prosecution,” Cazabon’s order, dated September 23, 2024, said.
According to a timeline of Lee’s prosecution, he was arrested on January 13, at Clifton Towers, St Paul Street.
His attorneys wrote to the Police Commissioner seeking disclosure of the footage of his arrest and his taken to and at the Carenage police station. A freedom of information application was made. On January 20, Lee was charged with being a gang leader and possession of a firearm and ammunition for use in gang-related activity.
On March 19, the police denied the request for disclosure.
It was only in May, that Lee’s attorneys received six files containing CCTV footage from St Paul and Clifton Streets relating to Lee’s arrest months earlier.
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The disclosure was made by the prosecution team which Hector led.
His attorneys then sought an order from the court for the police station footage. Newsday was told Hector asked that the footage also be provided to the prosecution.
The prosecution received the footage in June and disclosed it to defence.
Three days later, on June 7, Lee was granted bail.
His lawyers argued that footage at St. Paul Street and the Carenage police station contradicted the State’s case that he was found in possession of a firearm.
At the sufficiency hearing on September 23, it was brought to the master’s attention that no indictment had been filed. Newsday was told Hector told the court he previously held discussions with Elder as there were certain matters in relation to the case which led to him holding court with the Director of Public Prosecutions.
Hector was tasked to examine several matters and said a final decision rested with the DPP.
Hector sought an adjournment to give the DPP time to decide as he did not have the authority to do so. He said the State was seeking an opportunity to deal with the matter “in the correct way” and asking for the additional time would not only benefit the prosecution but the defence
However, Elder argued that her client should be discharged and Cazabon upheld the submission.
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Elder and Warner said, “Throughout the matter, Mr. Hector acted as a true minister of justice and with complete integrity.
“He was always conscious of the constitutional right of an accused to a fair hearing and his actions throughout the entire matter were consistent with the protection of the accused’s constitutional rights.”
Newsday also confirmed that while Hector was no longer involved in Lee’s case, he was still involved in the active prosecution of other gang-related matters for the Office of the DPP.
