A judge has ordered the immediate release of Dexter Scotland of Willikies Village following the dismissal of his murder charge in connection with the death of Jahfari Isaac, also of Willikies Village.
According to Antigua Observer, Justice Ann Marie Smith upheld a no-case submission at the close of Scotland's trial last week. The prosecution immediately signalled its intention to appeal the ruling, and Scotland was initially returned to prison pending either the appeal's outcome or a successful bail application.
His attorney, Andrew O'Kola, took a different legal approach. Rather than applying for bail, O'Kola argued that once Justice Smith entered a not-guilty verdict on July 14th, the warrant holding Scotland in custody lost its legal force — irrespective of the Crown's stated intention to appeal.
The case mirrors that of murder accused Jahciba Shoy, whose charges were dismissed just days earlier. Unlike Scotland, Shoy was returned to prison pending the Crown's appeal, with his lawyer subsequently applying for bail to secure his release.
O'Kola argued that Justice Smith's ruling alone was sufficient to end his client's detention. He also cited the not-guilty verdict, the presumption of innocence, the narrow grounds of the Crown's appeal, and Scotland's community ties and conduct throughout proceedings as further grounds for release — even if the court opted to treat the matter as a conventional bail application. Scotland's lawyer gave assurances his client would attend all appeal hearings and surrender immediately if a retrial were ordered. The judge agreed and ordered Scotland's release.
The case stems from a shooting in Willikies on June 4th, 2023, in which Isaac was wounded. He died in hospital nine days later. Justice Smith ruled that prosecutors had failed to prove the shooting was unlawful, accepting the defence's argument that Scotland acted in self-defence after Isaac reached toward his waist. Police have stated that Scotland made this claim in his own statement, while also admitting he approached Isaac while carrying an illegal firearm.
Prosecutors contended that no weapon was found on Isaac and that the shooting appeared retaliatory — a question they argued should have been put before a jury. The defence countered that the Crown failed to prove what actually prompted the shooting, pointing to an earlier altercation — acknowledged by prosecutors — in which Isaac knocked Scotland unconscious.
