No Privy Council for ex-cop convicted of attempting to pervert the course of justice in murder case

Former Detective Constable Oneil Barrett has been denied leave to go to the United Kingdom-based Privy Council to appeal against his conviction for attempting to pervert the course of justice.

He was convicted in January 2020 and fined $15,000 or three months' imprisonment.

The Court of Appeal dismissed his appeal in January 2023.

Barrett was assigned along with another cop to investigate the murder of recording artist Dacia McCalla, also known as Nanny Mystic, who was shot and killed in 2016.

A potential witness was interviewed but purportedly demanded $30,000 to sign the statement, Barrett said.

Barrett reportedly had several conversations on WhatsApp with a sister of the deceased who lived overseas about the payment for the witness.

The sister made a report to the police and Barrett was arrested and charged in October 2018.

The contents of the messages were captured in a digital forensic report and admitted into evidence at his trial.

Last week Friday, the Court of Appeal refused Barrett's application for leave to go to the Privy Council.

He was appealing against the Court of Appeal striking out his appeal in 2023. 

The court found then that Barrett did not give verbal notice of appeal when the verdict was handed down or gave written notice to the Clerk of the Courts within 14 days of the delivery of the judgment of his intention to appeal.

The court said based on the statutory requirements, Barrett would face an insurmountable hurdle to argue further appeal that the court was not correct in its determination.

It was also the court's finding that the Barrett failed to satisfy the requirements of section 35 of the Judicature (Appellate Jurisdiction) Act that the intended appeal to the Privy Council involved matters of exceptional public interest and it was desirable in the public interest that a further appeal should be sought.

Attorney-at-law Terrence Williams instructed by Walter Melbourne Associates represented Barrett.

Senior Deputy Director of Public Prosecutions Kathy Pyke and Crown Counsel Kristen Anderson represented  the Crown and opposed the application.

- Barbara Gayle

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