Human rights attorney Mary Francis has condemned the handling of evidence in two high-profile cases—those of Kimberly De Leon and Chakadan Daniel—calling it a “shameful” failure of Saint Lucia’s justice system and demanding an independent investigation into what she believes may be evidence tampering within the Royal Saint Lucia Police Force.
Francis was responding to recent disclosures made by Police Commissioner Verne Garde, who confirmed that a sealed evidence bag connected to the De Leon case had gone missing, raising concerns over security in the exhibit room. The Chakadan Daniel case, which has long sparked public outcry, also remains unresolved years after the young man’s death in police custody in 2013.
“justice delayed is justice denied, especially in the DeLeon Case and Chakadan, when part of the delay is due to the tampering of the evidence,” Francis said. “This actually speaks to the lax security existing in the exhibit room, which to me is very shameful—that they wouldn’t have a better security system operating in the exhibit room in this day and age.”
Francis did not hold back, calling it “no coincidence” that the sealed evidence bag had gone missing. “It speaks of—to my mind—a form of corrupt practices taking place in the police force.”
She said the implications extend far beyond one or two cases: “What does it say to the younger recruits when such a thing happens in the police force? I mean, it speaks badly of the force. People will have no confidence… actually interfering in the course of justice—that’s what it seems to be.”
While Commissioner Garde has promised an internal review, Francis insists that’s not enough. “This situation requires an investigation. Yes, it’s true that the Commissioner said that it’s going to be looked into, but I think it needs a more independent investigation. And I’m suggesting that perhaps the Special Prosecutor can be involved.”
Francis noted that the issue of missing or mishandled evidence is not new, citing the 2015 IMPACS report on police killings between 2010 and 2012. “At that time, the U.S. was involved in the whole situation of the police killings. Ten or more recommendations were made to improve the justice system in terms of law enforcement… they also spoke to the conditions existing at the Armory and the exhibits room.”
“Do we ever follow recommendations?” she asked. “It speaks to the question of lack of accountability. The police force is accountable to the public of Saint Lucia who pay them their salary. Their job is to protect and secure. If exhibits are missing, it means you can’t have a successful prosecution. And those who have been denied justice… I take those things very seriously, and all Saint Lucians should.”
The attorney revealed that she personally encountered a similar issue in the Magistrate Court. “Recently I was involved in a matter in which it was said that the magistrate’s notebook was missing. And not only that, but the electronic recording of the evidence was also missing. So I don’t understand how those things are happening.”
She linked this dysfunction to years of institutional neglect. “The Magistrate Court was closed… even the police had to be occupying different places for their work. So probably all that encourages the question of evidence being tampered with or missing. It boils down to the lack of attention paid over the years by all governments.”
Francis added that the justice system is as vital as the health system, and its failure creates societal instability: “If you don’t have a justice system which actually can perform its functions well, there’s chaos in society. And that’s what we see happening now—the imbalance.”
On the human impact of this negligence, she asked: “In the case of the deceased [Kimberly De Leon], she had two young children. What is the psychological effect this is having on those children?”
“I’m disappointed but not surprised,” she said. “This thing is a culture in the police force. When police officers get themselves involved in misconduct or criminal activity, their colleagues try to cover for them.”
“We cannot have a justice system that functions like a club. That undermines confidence in the rule of law. New recruits cannot be exposed to that. Integrity is very important. Accountability is very important. And if people in the system are not performing their duties with integrity, get them out. Get them out of the system.”
Francis ended her remarks on a powerful note: “This is my response to this shameful situation of missing exhibits and tampering with the evidence. Justice delayed is justice denied. This is the story. This is the picture. This is the prevalent pattern of behaviour by some persons involved in the justice system and law enforcement.”
