DPP: “Brings Criminal Proceedings To An End”
[Updated] The Director of Public Prosecutions will “enter a nolle prosequi today in the criminal trial of Devon Hewey, who had been charged for the 2011 murder of Randy Robinson,” which “formally brings criminal proceedings to an end” as it “was not in the public interest for the prosecution to continue.”
This was announced this morning by the DPP’s office which said, “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.”
A spokesperson added, “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 spokesperson added, “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.”
Update 1.00pm: A spokesperson said, “At a hearing in the Supreme Court of Bermuda this morning before the Hon. Justice Richards, the Director of Public Prosecutions has confirmed that she will enter a nolle prosequi in the case of The King v Mr. Devon Hewey [Case No. 2012/30 Cri.], formally discontinuing the prosecution against him.
“A nolle prosequi is a formal declaration by the Crown that it will not continue with the prosecution of a case. The proceedings against Mr. Hewey are now at an end.
“Mr. Hewey’s conviction was quashed by the Judicial Committee of the Privy Council in April 2022. His retrial commenced in the Supreme Court in May 2026 but was aborted in late June 2026, after which the Crown requested an adjournment to today’s date in order to decide whether it would proceed with a further retrial.
“After several attempts to secure legal representation by counsel, including a years-long effort to obtain King’s Counsel funded through the Legal Aid Office to address the legal issues of public importance which arose in this case, Mr. Hewey ultimately represented himself at the retrial, with the assistance of BEJI’s Founder & Executive Director, Mr. Eron Hill, as his McKenzie Friend.
“The discontinuance of these proceedings now paves the way for Mr. Jay Dill to have his conviction quashed in light of disclosures which were unearthed during Mr. Hewey’s retrial…”
Speaking following the hearing, BEJI Founder & Executive Director, Eron Hill, said: “On behalf of BEJI and Mr. Hewey, I thank the Director of Public Prosecutions, Ms. Cindy Clarke, for making the right decision. I also wish to thank the Deputy Director of Public Prosecutions, Mr. Nelson, who had conduct of the retrial, for the professionalism and integrity with which he fulfilled his duties as an officer of the Court. Justice swings both ways, and the Bermudian public is fortunate to have prosecutors of Mr. Nelson’s calibre within the ranks of the Office of the DPP.
“More will be said, at the appropriate time and in the appropriate place, about how and why we arrived at this point. But today, what matters is this: Mr. Hewey and Mr. Dill have always maintained their innocence. Today, Mr. Hewey is extremely grateful finally to be able to put this matter behind him, although he would no doubt have preferred to have had his name cleared by a jury.
“BEJI remains committed to pursuing justice for all and that includes both accused persons and the victims of crime. Nothing about today’s outcome diminishes the tragedy at the heart of this case: a life was taken. To the family and loved ones of Mr. Robinson, we extend our sincere and heartfelt condolences. His life mattered, and it matters still. His family has carried this loss for well over a decade, and they, too, deserve truth, answers and justice.
“But it is not justice when the wrong people are convicted. When that happens, two injustices are committed at once: the wrongly accused lose years of their lives, and those truly responsible are never held to account. Justice means bringing the right people to justice, not simply securing convictions.
“The marathon pursuit of truth and justice for all, continues.”
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