Appeal delayed for men convicted of murdering cop

Thu, Oct 16th 2014, 11:06 AM

Three men who say they were wrongly convicted of the murder of a policeman will have to wait longer for an appellate court to review the case.
The Court of Appeal yesterday set a status hearing of November 20 in the appeal of Stephen "Die" Stubbs, Andrew "Yogi" Davis and Clinton "Russ" Evans because transcripts were not ready.
Murrio Ducille, who represents Stubbs, told the appeals panel of Justices Stanley John, Abdulai Conteh and Neville Adderley, "We would have been raring to go but we are devoid of transcripts."
Acting Director of Public Prosecutions Garvin Gaskin said he was in a "similar position," having only received 281 pages of the record which consists of over 2,000 pages.
John said, "It takes so long to complete an appeal here" before asking Gaskin to try to get the transcripts.
Ian Cargill, who appears for Davis, said he would make an application for bail if the transcripts were not available on the mention date.
According to Cargill, Davis has heart problems and had to be placed on a ventilator, which the prison was unable to provide.
Stubbs, Davis and Evans were sentenced to life imprisonment for the March 1999 murder of Constable Jimmy Ambrose and 10 years' imprisonment for the attempted murder of Constable Marcian Scott at the now-closed Club Rock Disco.
This is the second time the men have been convicted of the offenses.
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.
The appellate court was also unable to hear the appeal of three convicted drug traffickers due to an incomplete record.
Dion Minnis, David Colebrooke and Dwayne Henderson were convicted by then Deputy Chief Magistrate Carolita Bethell in June 2013.
Cargill, who represents Colebrooke and Henderson, said his concern was that the appellants were nearing the completion of their sentences.
He said the removal of stenographers from the magistrates' courts would make getting records for appeal worse.
He noted that the handwritten notes of Magistrate Linda Virgill were still waiting to be transcribed.
Colebrooke was sentenced to four years in prison. Henderson received three years while Minnis received three years and six months.
The men also return to court on November 20.

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