Lone convict still faces possibility of execution

Mon, Sep 12th 2011, 10:02 AM

Only one murder convict under the sentence of death at Her Majesty's Prison still faces the possibility of execution.
That is because the Court of Appeal last week quashed the convictions of three other men who had been sentenced to death.
Mario Flowers -- the remaining murder convict who could still be executed -- is also hoping the appellate court overturns his conviction.
Flowers was sentenced to death for the December 29, 2007 murder of Ramos Williams, a policeman who was killed in the line of duty.
Edwin Bauld Jr., Renaldo Bonaby and Wilfred McPhee were all sentenced to death in 2010.
But their convictions have all been quashed.
Bauld and McPhee were convicted of the October 2007 murder of 28-year-old Police Corporal Eddison Bain.
But last week, the Court of Appeal ordered a retrial in their case.
The court found that the decision of Acting Justice Jethro Miller to allow contested confession statements into evidence rendered the convictions "unsafe" and "unsatisfactory".
Police found Bain's body in a ditch near Casuarina Bridge in Grand Bahama on October 22, 2007.  Bain was bound by his hands and feet, and a boulder was resting on his face.  The body was concealed with stones and branches.
The Court of Appeal also ordered a new trial for Renaldo Bonaby and Renaldo Armbrister, who were convicted of the December 2006 murder of Philip Gaitor Jr.
The justices found that Bonaby and Armbrister did not get a fair trial because the trial judge, K. Neville Adderly, told the jury that their confession statements "were admissible" and "voluntarily made".  Bonaby was sentenced to death and Armbrister received a life sentence.
Gaitor was burned alive while bound and gagged in his car, according to the evidence.  The fire was so intense that only Gaitor's skull and torso remained and he had to be identified by DNA testing.
Several other men under the sentence of death were sentenced more than five years ago.
The Privy Council ruled in 1993 in the Jamaican case of Earl Pratt and Ivan Morgan that it would be cruel and inhumane for prisoners to wait more than five years on death row.
A few condemned men still have to be re-sentenced because a 2006 Privy Council ruling determined that the mandatory death sentence in The Bahamas was unconstitutional.
The death penalty issue was pushed back into the spotlight in June when the Privy Council quashed the death sentence of Maxo Tido, saying that the murder of his 16-year-old victim did not fall into the category of 'worst of the worst' and therefore did not warrant the death penalty.
That ruling came just over five years after Tido was sentenced to death.  Under the 1993 ruling in Pratt and Morgan, he would have escaped the gallows in any event.
If the Court of Appeal upholds Flowers' conviction and sentence, he could still appeal to the Privy Council and the Inter-American Commission on Human Rights.
The long appeals process without any time limits means that the five-year period for executions set by the Pratt and Morgan ruling often runs out.
In the wake of the ruling in the Tido matter, the government has promised to bring legislation to Parliament to clearly outline which categories of murder will attract the death sentence.
The bill is expected to be high on the agenda when the House of Assembly resumes sittings next month.

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