Convicted killer Stephen "Die" Stubbs and two other men will appear in the Court of Appeal today for a fixture hearing.
Stubbs, Andrew "Yogi" Davis and Clinton "Russ" Evans were convicted of the murder of Constable Jimmy Ambrose and the attempted murder of Constable Marcian Scott in the March 1999 shooting at the now-closed Club Rock Disco.
Supreme Court Justice Roy Jones sentenced the men to 10 years in prison for that offense. Evans was sentenced to three years for pointing a firearm at two officers who pursued him following the shooting.
At the time of their first conviction, the men received the mandatory death sentence. The appellate court quashed the conviction and sentence and made an order for retrial in 2004.
Due to developments in the law, the death penalty has been discretionary since 2006. They were sentenced to life imprisonment for the murder.
Although a 2011 amendment to the Penal Code defined a life sentence as natural life, the Court of Appeal said recently the sentence still remains uncertain because of the constitutional power of the governor general to grant clemency.
In making their case for the death penalty, prosecutors Vinette Graham-Allen and Ambrose Ambrister relied heavily on a 2011 amendment to the Penal Code, which includes the murder of a policeman as a death-eligible offense.
The Court of Appeal ruled recently that the murder of a policeman does not mean the offender should be put to death.

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