The Director of Public Prosecutions, Cindy Clarke, intends to enter a nolle prosequi today in the criminal trial of Devon Hewey, who had been charged for the 2011 murder of Randy Robinson. A nolle prosequi is a document signed by the Director of Public Prosecutions which formally brings criminal proceedings to an end.
Mr. Robinson was 22 years old when he was fatally shot on 31 March 2011. Mr. Hewey was convicted for that fatal shooting by a jury in 2013. He successfully appealed to the Privy Council, and in 2022, though the case against him was described as strong, the Judicial Committee of the Privy Council set aside the conviction against him because of deficiencies in the trial judge’s directions concerning gunshot-residue evidence.
The Court of Appeal subsequently ordered a retrial.
Due to various delays, including the settlement of his legal representation, the retrial did not commence until May 2026; but, on 1 July 2026, the jury was discharged after multiple interruptions during the retrial made it unviable to complete the proceedings with the jury.
Ms. Clarke stated: “Following the discharge of the jury, I carefully reviewed whether the public interest would be served by commencing yet another trial.
“I considered the gravity of the allegation, the interests of the victim’s family and the community, the passage of more than 15 years, the cumulative delays, and the practical and evidential difficulties associated with presenting a case of this age fairly and effectively.
“Having weighed all of those matters, I concluded that it was not in the public interest for the prosecution to continue.”
The Director paid tribute to the victim’s mother, Roydelle Robinson, whose patience, steadfastness and strength have remained evident throughout the original trial, the appeals and the lengthy retrial process.
Ms. Clarke added: “Ms. Robinson has conducted herself with extraordinary courage and dignity throughout a process that no mother should ever have been required to endure. This decision does not diminish her son’s life, the profound loss suffered by his family or the seriousness of the allegation.”
A nolle prosequi is not an acquittal by a jury and is not a judicial declaration of innocence. Equally, it is not a finding of guilt. It brings the present proceedings to an end without a verdict determining the merits of the case.
