Attorney alleges ‘double punishment’ in case of Russian charged in fatal Kgn crash
Published:Thursday | June 26, 2025 | 12:10 AMLivern Barrett/Senior Staff Reporter
The attorney for a Russian national charged with killing four people in a 2022 motor vehicle crash has taken issue with an “unusual” move by prosecutors to consult the Attorney General’s Chambers on the appropriate compensation for the victims’ families.
Peter Champagnie, KC, the attorney for Alexey Zaystev, complained in court on Tuesday that this approach by the Office of the Director of Public Prosecutions (ODPP) has never been taken in other cases.
“I can’t help but notice that this [case] is being treated differently, compared to other cases where that was never explored. I’m concerned about this double punishment,” Champagnie complained.
Chief prosecutor Paula Llewellyn conceded that the move was unusual, but said it was influenced by a number of factors, including the interest of justice, Zaystev’s “grave health situation”, and the fact that the amended Criminal Justice Administration Act allows the court to make an order for restitution.
Section 24 (a) of the legislation stipulates that where a person is convicted of any criminal offence and the court is satisfied that there is sufficient evidence that the victim suffered loss or damage, the court may make an order for restitution, in addition to any other sentence it may impose.
“We believe that in the interest of justice, given the circumstances of the case, that the whole issue of restitution and a restitution order being made would be one option in terms of the appropriateness of dealing with the matter,” Llewellyn explained during an interview on Wednesday.
She disclosed that her office received a “very detailed and a very well-researched” legal opinion from the Attorney General’s Chambers on June 23, 2025 dealing separately with each of the four crash victims.
The document, Llewellyn said, contained recommendations, based on the circumstances of each victim, regarding the “quantum that would be appropriate as it relates to any restitution order”.
She declined to discuss the contents of the legal opinion because the case against Zaystev is still pending.
PLEA DEAL
Zaystev faces four counts of causing death by dangerous driving after his SUV collided with a car on Palisadoes Road in Kingston in December 2022. The crash claimed the lives of taxi operator Delroy Grant, 53; his wife, Camille Stephenson-Grant; Rosemarie Roberts-Banton, 57; and 18-year-old Zachery Heslop.
Zaystev has pleaded not guilty but, according to both the prosecution and defence, is in discussions over a possible plea deal.
While acknowledging that the victims’ families are entitled to compensation if a settlement is reached, Champagnie noted that Zaystev’s SUV had comprehensive insurance coverage at the time of the crash, and no claims have yet been filed.
“The prosecution has not settled on their plea agreement and has sought to incorporate the office of the attorney general to determine the level of civil liability in terms of a monetary award; and I am saying this is new, because in cases like these they look to the insurance company,” Champagnie said.
He said the ODPP should indicate if this is going to be the approach going forward.
“We can’t have a situation where you are singling out a particular case and giving it this kind of treatment, as opposed to others where you don’t,” he further argued.
Llewellyn, however, defended the move, saying a review of case law shows that fines are typically imposed in convictions for causing death by dangerous driving. The possibility of a restitution order, she added, aligns with those precedents and enhances the court’s ability to deliver a fair sentence.
“Given the fact that each of the four deceased were of different ages, different circumstances, and being conscious that we wanted to put ourselves in the best position to properly advise the court at a sentencing hearing as to the limits as it relates to restitution, it was indicated to the court and to counsel for the defence that we would be writing to the Attorney General’s Chambers on the appropriate sum for restitution,” she said.
“Yes, it may be unusual, I’ve never done it, but remember that each case has to be assessed according to its own circumstances, the particular law and the facts, and our perception of how to make sure that we are properly informed, so that we can be helpful to the court.”