🏛️ Grand Court overturns Legal Aid decision in murder retrial

The Grand Court has reversed a decision by the Legal Aid director, granting a man facing a second murder trial the right to a King’s Counsel (KC) from the UK. Javon James Dixon successfully appealed the decision, arguing that there were no local KCs capable of representing him in his retrial for the murder of Jovin Omar Fuentes. The initial trial ended with a hung jury, and Dixon has struggled to secure new representation due to the limited availability of KCs in Cayman for criminal defence work. 🏛️

While Legal Aid is not obligated to fund a senior lawyer in every murder case, it is unusual for defendants to be denied access to KCs. The Legal Aid director had initially rejected Dixon's application, arguing that the case was not complex and that his local attorneys were capable of representing him. However, Justice Marlene Carter, who heard the appeal, disagreed. She emphasized that Dixon was facing a very serious charge and his lawyer’s status at a firm did not equate to extensive experience in serious criminal trials. She granted an extension of his legal aid certificate to include a senior lawyer from overseas. ⚖️

Justice Carter also highlighted the importance of local legal professionals working with senior lawyers. She noted that exposure to such cases and the skills of a KC could help develop local counsel with the necessary experience and skills to assist defendants facing serious criminal allegations. Dixon is now expected to face trial in the first quarter of 2024. 🗓️