- Widow acquitted for second time for alleged murder of her husband, thanks to help of Jersey advocate
- American expatriate Ann Patton accused of killing her husband at their Costa Rican home
- In Costa Rica there is no prohibition on double jeopardy, a procedural defence that forbids a defendant from being tried again on the same or similar charges following an acquittal or conviction.
- Find out more about double jeoprady below
A WIDOW has been acquitted for a second time of the alleged murder of her husband, thanks to the help of a leading Jersey advocate.
American expatriate Ann Patton (44) was accused of shooting dead her husband – multi-millionaire businessman John Bender – at their home in the Costa Rican jungle in 2010.
- Many countries around the world implement the procedural defence of double jeopardy that forbids a defendant from being tried again on the same or similar charges following a legitimate acquittal or conviction.
- In England and Wales double jeopardy has been permitted in certain, exceptional circumstances since the Criminal Justice Act 2003.
- Before 2003 a defendant who had been convicted of an offence could only be given a second trial if evidence was found that allegedly showed that they had committed a more serious form of the original crime.
- After 2003 the law changed following the murder of teenager Stephen Lawrence. A report recommended that the double jeopardy rule should be revoked in murder cases to allow a retrial upon new and compelling evidence. This became law in 2005 with the passage of the Criminal Justice Act 2003.
- In Costa Rica there is no prohibition against double jeopardy and the legal system allows for retrials and appeals.
She was first cleared of any wrongdoing in 2013 but was subsequently retried a year later, found guilty of murder and sentenced to 22 years in prison.
In Costa Rica there is no prohibition on double jeopardy, a procedural defence that forbids a defendant from being tried again on the same or similar charges following an acquittal or conviction.
After serving nine months of her sentence at the El Buen Pastor prison, a women’s correctional facility in Costa Rica’s capital San José, Ms Patton was released after an appeals court threw out the guilty verdict.
Jersey Advocate Stephen Baker, who has worked on several high-profile cases in the Island, was then appointed to advise her lawyers on defence strategies when Ms Patton’s case was brought for a retrial in August.
He joined the defendant’s Costa Rican counsel, English Barrister Gary Pons and Sonia O’Donnell an appeals Attorney from Miami who acted in the prosecution of former Panamanian military dictator Manuel Noriega.
Ms Patton has always maintained that her husband, who suffered from manic depression and bipolar disorder, committed suicide.
The couple moved to Costa Rica in around 2000 after Mr Bender cashed in his $600 million fortune when he suffered a stroke.
Advocate Baker was asked to help Ms Patton’s case as he has previously undertaken asset recovery work for her.
Following the verdict Advocate Baker, who spent around five weeks in the Central American state during the trial before returning to Jersey earlier this month, said: ‘We welcome the verdict issued by the San José Court acquitting Ann Patton of the murder of her husband, John Bender, for the second time.
‘I hope Ms. Patton will now be able to rebuild her life following the court’s verdict.’
Prosecutors say they plan on appealing the court’s verdict.
Speaking to Costa Rican newspaper the Tico Times after her trial Ms Patton, who has had her passport taken off her so she cannot leave the country, said it would take some time for the verdict to sink in.
‘My gut has been telling me all along that this third time I would actually be heard and that the evidence would be evaluated correctly,’ she said.
‘To face this a fourth time, I have a hard time even seeing that. ‘But it’s academically possible.
‘My hope is that the verdict will be strong enough so that an appeal cannot be written or won’t be accepted and that it can end now and John can finally rest.’
