Wrongly Convicted Database Record
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Charge: |
Burglary (including aggravated) |
Sentence: |
2 years |
Years Imprisoned: |
1.12 |
Year Crime: |
2012 |
Year Convicted: |
2012 |
Year Cleared: |
2013 |
U.S. State or Country of Crime: |
Bermuda |
County or Region of Crime: |
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City of Crime: |
Hamilton |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Robert Hewey was wrongly convicted on June 13, 2012 of the theft of about $3,500 in cash and liquor from the Moonnight Club in downtown Hamilton, Bermuda on January 29, 2012. Hewey was arrested on February 13, 2012 and held until his trial. After a bench trial in the Magistrates Court the judge found Hewey guilty based on a single photograph of Hewey taken from CCTV video in the nightclub that wasn't dated or time stamped. The photo wasn't introduced into evidence, and it didn't show Hewey in a compromising position. The judge sentenced to 2 years imprisonment with credit for the time he had already served. Hewey appealed arguing the trial judge should have granted Hewey's motion to dismiss, and the unintroduced and undated photo did not support a finding of guilt. On March 27, 2013 the Bermuda Supreme Court quashed Hewey's conviction. The court ruled the evidence "did not support a finding of guilt. and the trial court, erroneously reversed the Crowns burden of proof and placed the burden on the defendant to disprove the Crowns case. Hewey was wrongly imprisoned for 13-1-2 months from the time of his arrest to the quashing of his conviction." |
Conviction Caused By: |
The trial judge's reliance on a photograph showing Hewey at the nightclub taken from a CCTV video that wasn't dated or timestamped. |
Innocence Proved By: |
"On March 27, 2013 the Bermuda Supreme Court quashed Hewey's conviction based on insufficient evidence." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Robert E Hewey v. Lyndon D. Raynor (Acting Police Inspector), '[2013] SC (Bda) 22 App (1 April 2013)" |
Information Location 1: |
http://www.gov.bm/portal/server.pt/gateway/PTARGS_0_2_10809_204_226633_43/http%3B/ptpublisher.gov.bm%3B7087/publishedcontent/publish/non_ministerial/judiciary/judgments_2013/robert_hewey_v_lyndon_raynor.pdf |
Information Source 2: |
"Alleged burglars conviction quashed, By Ceola Wilson (staff), The Royal Gazette (Hamilton, Bermuda), March 31, 2013" |
Information Location 2: |
http://www.royalgazette.com/article/20130329/NEWS02/703299988 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org