Calibishie man conviction quashed by Court of Appeal

first_img Tweet 17 Views   no discussions Share Share Sharing is caring!center_img Share LocalNews Calibishie man conviction quashed by Court of Appeal by: – May 3, 2012 Court gavel. A Calibishie man has had a conviction against him quashed and a re-trial ordered when he appeared before Justices of the Eastern Caribbean Supreme Court on Thursday based on the trial judge’s “misdirection” to the jury.The Justices lead by Chief Justice Sir Hugh Rawlins upheld a criminal appeal against conviction in the trial of Garvin George verses the state for the murder of Julien Junior Joseph of Vieille Case.On the 23rd of November, 2011 a nine member jury found George guilty of the murder of Joseph on the 5th of February, 2010 at Calibishie. He was sentenced to serve an imprisonment term of 14 years on 27th February 2012 by High Court Judge Birnie Stephenson-Brooks.The decision to uphold the appeal came after Justice Davidson Baptiste highlighted a direction given to the jury by the trial judge who stated during jury directions that “it was for the accused to prove that the killing was self-defense”. A direction Baptiste described as “erroneous” and “should have been withdrawn”.Another Justice on the Appeal Court panel, Mario Michel also pointed another mis-direction to the jury which stated “after you have considered self-defense and rejected it, then you must move on to the next charge”. Justice Michel said he believes this statement should also have been withdrawn.Legal counsel for George, Wayne Norde appealed his clients’ conviction on six grounds including “the trial judge’s failure to give direction on the subject element of self-defense”.Chef Justice Rawlins ruled that the appeal was allowed and accordingly quashed the conviction and sentence and ordered a retrial in the “interest” of justice.He further cautioned George that he was “freed from the conviction but not free to leave the Court,” since an application for bail would have to be made before the high court.Rawlins reiterated that the Court of Appeal was in no position to make such applications.Norde indicated to the media that he would make an application for bail for his client, while Director of Public Prostitution Gene Pestaina said he would be perusing the matter.Dominica Vibes Newslast_img

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