Welcome to Bahamas Local, Your Bahamas Online Search Engine

Police in Azario shooting appeal coroner's ruling

Wed, Jun 7th 2023, 08:44 AM
Court Crime Tribune Stories

THE police officers who killed Azario Major have officially appealed the Coroner's Court finding of homicide by manslaughter, claiming a pre-trial video made it impossible for jurors to remain impartial and independent.

Before the verdict in the inquest was delivered, a constitutional motion attempting to stop proceedings in the Supreme Court was filed on May 10th.
#At the time, an officer noted in an affidavit that a video by a Facebook user, “ChristianAdamG,” was released on April 14, 2023.
#“To date, said video has generated 862,263 views, more than double the population (412,623) in the Commonwealth of The Bahamas as per Macrotrends,” the affidavit said. “Further, the said video has generated over 2,400 comments and over 19,000 responses adverse to my innocence. In consideration of the aforementioned, it would mean that at least one person in The Bahamas views the video at least one time.
#“The said video that was released one month prior to the now coroner’s inquest is highly and overly prejudicial rendering it unlikely that I will have a fair trial by an impartial and independent jury.”
#The officer said the video contains a “highly inaccurate damaging narrative”.
#According to court documents filed on June 1, the officers are making their application for appeal for several reasons.
#They want the court to set aside and/or quash the decision of homicide by way of manslaughter on the basis that the judge “failed and/or refused to refer the constitutional application to the Supreme Court”; the judge “has no jurisdiction or right by law to refuse any constitutional application or point raised on behalf of the applicant”; that the “charges of homicide by way of murder, homicide by way of manslaughter and justifiable homicide are flawed”; and “that the evidence placed before the court was evidence that if heard and was decided upon by an impartial and independent tribunal would have been in the applicant’s favour.’”
#The action lists the Office of the Attorney General and the Coroner’s Court as respondents, not Major’s estate. A representative of Major’s estate will likely petition the court to be added as a respondent.

Before the verdict in the inquest was delivered, a constitutional motion attempting to stop proceedings in the Supreme Court was filed on May 10th.

At the time, an officer noted in an affidavit that a video by a Facebook user, “ChristianAdamG,” was released on April 14, 2023.

“To date, said video has generated 862,263 views, more than double the population (412,623) in the Commonwealth of The Bahamas as per Macrotrends,” the affidavit said. “Further, the said video has generated over 2,400 comments and over 19,000 responses adverse to my innocence. In consideration of the aforementioned, it would mean that at least one person in The Bahamas views the video at least one time.

“The said video that was released one month prior to the now coroner’s inquest is highly and overly prejudicial rendering it unlikely that I will have a fair trial by an impartial and independent jury.”

The officer said the video contains a “highly inaccurate damaging narrative”.

According to court documents filed on June 1, the officers are making their application for appeal for several reasons.

They want the court to set aside and/or quash the decision of homicide by way of manslaughter on the basis that the judge “failed and/or refused to refer the constitutional application to the Supreme Court”; the judge “has no jurisdiction or right by law to refuse any constitutional application or point raised on behalf of the applicant”; that the “charges of homicide by way of murder, homicide by way of manslaughter and justifiable homicide are flawed”; and “that the evidence placed before the court was evidence that if heard and was decided upon by an impartial and independent tribunal would have been in the applicant’s favour.’”

The action lists the Office of the Attorney General and the Coroner’s Court as respondents, not Major’s estate. A representative of Major’s estate will likely petition the court to be added as a respondent.

Click here to read more at The Tribune

 Sponsored Ads