Articles - Did DPP drop the ball in Jules case? Written By: Alisha Ally

On Monday June 25, 2007 the body of Marcia Philbert-Jules was discovered lying face down in a pool of blood at her Piat home. Her partly naked body was reportedly discovered by her boyfriend at about 6am near her bathroom.  Police later reported that the 49-year-old Jules had not been raped. However, a subsequent post-mortem revealed that she died as a result of hemorrhagic shock secondary to multiple incised wounds.

After her death Opposition Leader Dr Kenny Anthony in an interview with the STAR published on June 26, 2007 spoke of her fondly, “She had a fine intellect, a combative spirit, and a highly disciplined mind.  Beneath it all she was a warm and genuine human being, full of compassion for the poor and dispossessed.”

The Grenadian-born Jules had been living and working in St Lucia since the mid 80s.  She worked for the Ministry of Finance and then became Permanent Secretary in the Ministry of Health but was later transferred to the Ministry of Home Affairs and Gender Relations where she worked with Sarah Flood-Beaubrun. In 2004, she was transferred to the Ministry of Physical Planning where she held the post of Permanent Secretary until her death. She was the ex-wife of St Lucian and former permanent secretary in the Ministry of Education Didacus Jules.

On the day of her death, neighbours told the STAR there had been a spate of recent robberies in the Grande Riviere area.  In fact, two houses in the area were burgled during the night. It took a few hours for cops to announce that police suspected that Jules’ death was as a result of a burglary gone wrong; a wooden ladder was found against a window with no burglar bars.  Police suspect that was the means the intruder used to gain access to the house.  British officers had already assumed key positions within the Royal St Lucia Police Force and retired Brit, Peter Davis, was the Superintendent of Police who led the investigations.  Davis told the STAR in an interview published on June 28, 2007: “In terms of the investigation we are looking at ongoing forensic work, we will be taking statements and following new developments.  We tend to lean to the more scientific side of things, particularly the forensic work which is why we spent all day here [Monday] working on the scene.”

Shortly after that statement, it was revealed that four teens from the Grande Riviere area were detained in connection with the murder. Only one, a then 15-year-old boy, was arrested in connection with the burglary and the murder.  The boy, who turned 16 in August of 2007, is still on remanded at the Bordelais Correctional Facility.

He was originally represented by Queen’s Counsel Kenneth Foster and appeared in court for the first time on June 29, 2007.
The following is an excerpt from the Saturday STAR, June 30, 2007: “The accused was not the profile normally associated with cold-blooded killers.  As he stood before the courts, baby-faced, he showed no sign that he’d even had his first shave.  He wore black, well-cut trousers, matching shoes and a blue and black striped polo shirt, looking to all the world as if he had dressed for a friend’s wedding.  He appeared unperturbed, not at all nervous or even concerned.  He might as well have been in court as a witness or even a lawyer, there to defend some unfortunate accused.”

Kenneth Foster has since passed the case to his son, Marcus.  Former Deputy Director of Prosecutions, Robert Innocent, led the case for the prosecution. The matter went through a Preliminary Inquiry (PI).  Former Attorney General Nicolas Frederick implemented processes to phase out PI’s because of its long and tedious nature. It could take anywhere from several weeks, months and even years to complete. It was basically trying a case twice; one before the magistrate and one before a jury at trial.  PI’s have been replaced with Sufficiency Hearings which are paper based submissions heard by a High Court judge who rules on whether it should go to trial.  This is supposed to allow the court process to move more speedily.

On July 28, 2010, Innocent closed the Crown’s case.  Innocent left the DPP’s office shortly thereafter.  On August 11, Foster made a No Case submission and Senior Magistrate Florita Nicolas reserved judgment in the matter.  On August 20, Magistrate Nicolas upheld the submission and the case was discharged.

In an interview with the STAR, Director of Public Prosecutions Victoria Charles-Clarke could not give details on what occurred in the PI because “I was not in court.  My deputy, Robert Innocent, was the one dealing with this case.”

However, Mrs Charles-Clarke informed the STAR that she is “minded to request the transcripts of the Preliminary Inquiry to determine a way forward in this case.”  The DPP has assured that this is not the end of the Marcia Philbert-Jules murder case.

Marcus Foster on the other hand is singing songs of victory.  His client is still on remand in connection with the Jules burglary charge.  However, Foster hopes to submit a bail application within the next few days and says that his client is expected to be released.

In the meantime, Foster sent out an appeal to the DPP’s office, “Do the right thing.  Nolle Prosequi (discontinue) the burglary charge.  All the evidence is in.  The same evidence used for the murder charge will be used for the burglary charge.  After they took so long to get the forensic evidence, the DNA; they made so much fuss about it.  The case was based on forensic evidence and it is that same evidence that vindicated him.  The evidence did not amount to murder.”

For Foster, his No Case Submission was simple, he said:  “The evidence was speculative which amounted to arrest but that a conviction does not make.”