A High Court judge has dismissed all charges against Jahciba Shoy, ruling that the prosecution failed to establish a case for him to answer.
According to Antigua Observer, the judge accepted a no-case submission brought by defence attorney Wendel Alexander, resulting in the dismissal of charges of murder, manslaughter, and aggravated robbery at the close of the prosecution's case.
Alexander argued both limbs of the Galbraith test, contending that the prosecution's evidence was too weak to support a conviction and amounted to nothing more than suspicion and speculation. He further urged the judge to withdraw the matter before the defence was called, arguing it would be dangerous to leave the case to the jury.
The Galbraith test requires a judge to assess whether the prosecution's evidence is so weak that no reasonable jury could safely convict, or whether the evidence — even taken at its highest — is insufficient to support a conviction.
In his submissions, Alexander pointed to surveillance footage obtained from businesses near the scene, which he said showed only Shoy and another individual walking together for several minutes. He argued the footage did not link his client to the alleged offences.
The charges stemmed from the fatal shooting of 25-year-old Syrian national Roudi Shmaly during a robbery at the Pick 'n Mix Mart on Desouza Road in May 2023.
During the trial, an eyewitness testified that an armed man entered the shop and confronted the cashier before she fled the premises. She told the court she heard two gunshots shortly afterwards. However, under cross-examination, the witness acknowledged that she never saw the gunman's face and could not describe his complexion.
Shoy had remained on remand since his arrest.
Separately, a teenager who was 16 years old at the time of the offence pleaded guilty in May 2025 to the fatal shooting. He was subsequently sentenced to three years' imprisonment — the maximum penalty available under juvenile sentencing guidelines applicable at the time.
