Bukhari freed -- but judge claims he lied: Ex-Policeman has no case to answer,
Former Policeman Saleem Tony Bukhari walked out of Supreme Court a free man yesterday -- despite being branded a liar by a judge.
Assistant Justice Philip Storr told the jury foreman to return a not guilty verdict on four counts of manslaughter because Bukhari had no case to answer.
However, the judge added that Bukhari was "lying'' -- although, he claimed, the lies had no bearing on whether he was present when something could have been done for his girlfriend Elizabeth Cadell's aspirin overdose.
The Royal Gazette sub-editor's grieving sister, Jean Rowland, said she was upset at the verdict and called for reform of Bermuda's justice system.
Mr. Justice Storr told the eight-man, four-woman jury that it was the timing of Ms Cadell's death on May 31, 1997, that was central to the case and said prosecutors had failed to establish when she died.
Afterwards, jurors milled outside the courtroom as first Ms Cadell's sister, then prosecutors Patrick Doherty and Larry Mussenden left the court.
Bukhari, his lawyer Delroy Duncan and an expert medical witness brought in from California -- who was not required to testify -- walked out a few moments later.
Mr. Justice Storr told the jury: "We really don't know when she took the tablets. We don't know when she became ill and we don't know when she passed what one expert witness called the `point of no return'.
"There has been no evidence to show when that time was. The scenario he (Bukhari) gave is clearly untrue. We don't know why that is. This accused has lied. He clearly lied to Police in his statement. But the effect of his lying doesn't prove his guilt.'' Bermuda justice system under fire after jury clears former Policeman Mr. Justice Storr continued: "The only sure fact that we have got is that he arrived some time after 4 a.m.'' He added: "It might be that by the time he arrived she was already dead.
"The position simply is that the Crown must make you sure that what the defendant did or failed to do caused her death. The evidence falls far short.'' Earlier Mr. Justice Storr, without the jury present, questioned the four-pronged manslaughter indictment.
The judge said there was a charge in the Criminal Code which Bukhari could have been forced to answer but did not indicate what it might be.
He said it was not for a judge to alter charges put to a defendant but for the Crown.
And he was sympathetic with Mr. Doherty and Mr. Mussenden for being "saddled'' with the charge.
Mr. Justice Storr added that he believed Bukhari should have been charged with one count of manslaughter with his four different duties listed within that charge.
Last year Puisne Judge Norma Wade-Miller ruled prosecutors had to change the wording of the indictment to more clearly give the particulars of the offence and indicate which of Bukhari's duties had been breached.
Of the ruling, Mr. Doherty said: "Obviously we're disappointed. We thought that there was sufficient evidence for the jury to consider.
"Mr. Mussenden and I share the judge's concerns that the defendant was a liar and that he lied to Police,'' he added. "My view on an appeal is that we do not have the legal basis for one.
"The Privy Council on the Justis Smith case ruled we are only allowed to appeal on questions of law. Obviously, we respect the decision of the court.
The court did what it felt was just. We just disagree on the assessment of evidence.'' Mr. Duncan said: "My client has told me these last three years have been very difficult.
"He has been unable to work as a Police officer, the profession that he chose,'' he added. "He has managed to get by with the assistance of friends who have supported him.
"I think my client was upset with the whole event and he was especially upset that his reaction to the events have been misinterpreted. That being said, he is happy that the ordeal is over. However I don't know what his plans are.'' And of Mr. Bukhari's perception of Bermuda and the lengthy process of clearing his name, Mr. Duncan said: "I don't think he bears any grudges for the system doing what it felt it had to do.
"He just believes that, had his actions not been misinterpreted, there may not have been a trial,'' he added. "Mr. Bukhari would like to extend his condolences to the family of Elizabeth Cadell and all those who supported him.
It has been a very sad and traumatic experience.'' Ms Rowland said: "I just knew this would happen. It has happened before here.'' Having sat through the entire case, Ms Rowland had some harsh words for the administration of justice in Bermuda.
"Bermudians should see that their system is archaic,'' she said. "Not taking down everything verbatim is wrong. It can be taken out of context. It's just so important to get it done right.'' She added: "I'm just so disappointed. Justice hasn't been done today in any way.'' The trial follows a Coroner's Inquest in June, 1998, in which Bukhari refused to testify. This time he did not have to take the stand.
Bukhari denied the charge that, as a Policeman, he failed to provide the "necessities of life'' causing Ms Cadell's death.
A similar charge of failing in his duty as a result of their long-time relationship to provide the necessities of life, was also denied.
He further denied manslaughter after "undertaking to advise'' Ms Cadell on a dangerous or life threatening matter and by having "reasonable skill'' he failed to take "reasonable care'' in that advice. Lastly, Bukhari denied manslaughter that after assisting Ms Cadell, he failed to provide the same reasonable care in that assistance.