DPP explains actions in Court of Appeal

Tue, Sep 6th 2011, 10:03 AM

The country's chief prosecutor yesterday explained why she sought to challenge a decision of the appellate court in the murder case of Godfrey Sawyer before the court had delivered a written decision.
Sawyer, 30, was sentenced to death in November 2009 for the murder of Sterling Eugene during the armed robbery of Quality Discount Mart, where he worked as a security guard.
The court reasoned that no intention to kill had been disclosed on the evidence.  Because of this, the court quashed the murder conviction and directed that Sawyer face a new trial on the less-serious charge of manslaughter.
Director of Public Prosecutions Vinette Graham-Allen appeared before the Court of Appeal on an urgent application for leave to have the Privy Council give a ruling on the construction of intention.
The court summoned Graham-Allen to explain her actions, when it delivered its reasoned decision for allowing the appeal in June.
At the time, Justice Stanley John said, "The events that occurred after the announcement of our decision and the consequent making of an urgent application to this court for permission to appeal to the Privy Council has caused me some disquiet.  It now seems clear to me that the court was misled.  There was no basis upon which it could be believed that the appeal had drawn issues of great public importance."
Yesterday, Graham-Allen said she believed the matter was one of great public importance and the attorney general had instructed her to file the appeal.
Justice of Appeal Abdulai Conteh, told the DPP that she should have waited for the court's decision before she filed the appeal.
The bench of Justices of Appeal Conteh, Christopher Blackman and Stanley John "reluctantly" allowed the leave to appeal the decision to stand.

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