Lawyers for Stephen "Die" Stubbs and his co-accused on Monday asked a judge to step down from hearing his appeal.
Stubbs, Andrew "Yogi" Davis and Clinton "Russ" Evans were convicted in 2013 of the 1999 murder of Constable Jimmy Ambrose and the attempted murder of Marcian Scott at the now-closed Club Rock Disco.

Attorneys Murrio Ducille for Stubbs, Ian Cargill and Roger Gomez Jr. for Davis and Ramona Farquharson-Seymour for Evans, objected to Justice of Appeal Jon Isaacs hearing the appeal.

The lawyers argued that Isaacs should be disqualified from sitting on the appeal because he had ruled on questions of law when he presided over the men's second trial, which was aborted.

Isaacs noted that a differently constituted Court of Appeal bench had rejected the same argument in relation to Court of Appeal President Anita Allen, who presided over the men's first trial as a Supreme Court judge. Isaacs said the only reason that Allen did not preside over the second trial is because she was elevated to the Court of Appeal.

Acting Director of Public Prosecutions Garvin Gaskin agreed that the Court of Appeal's decision stood. The lawyers had initially raised the same concern about Allen presiding over the appeal.

Yesterday's bench was made up of Isaacs and Justices of Appeal Abdulai Conteh and Neville Adderley.

The court has adjourned without a fixed date to consider the submissions. In any event, the matter would not have proceeded, as legal arguments for Davis and Evans had not yet been submitted to the court.

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