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Privy Council to hear killers’ appeals against gang evidence

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Appeal: David Cox

Two convicted killers are to appeal their convictions to the Privy Council in London.

David Cox, sentenced to life in prison for the gun slaying of Troy Yankee Rawlins and Antonio Myers, also jailed for life for the shooting of Kumi Harford, have both been given permission to take their cases to the highest court of appeal for Bermuda.

Lawyers for the two are to argue that evidence of gang affiliations allowed in court prejudiced the case against their clients.

Larry Mussenden, who represents Cox, said: “In this particular case, the issue of gang evidence did come up in the trial. The gang evidence was allowed and Mr Cox appealed to the Bermuda Court of Appeal, which dismissed the appeal against conviction.

“As a result, Mr Cox has appealed to the Privy Council to determine the issue of his conviction.”

And Mr Mussenden said a decision in favour of Cox could have an impact on other convictions where evidence of gang activity was put to juries.

Elizabeth Christopher, who represented Myers, added: “We are very pleased the Privy Council will hear this appeal.

“This is critical — it affects so many appeals that come behind us. Once it’s decided, it’s decided once and for all, pending any change in the law.”

Cox, then 33, was convicted in 2011 of the gunning down of Mr Rawlins at the Spinning Wheel nightclub on Court Street.

The court heard then that Cox and another man, who has not been identified, shot Mr Rawlins in a tit for tat killing after a non-fatal gang shooting at the Mid Atlantic Boat Club on North Shore earlier the same evening.

Cox was originally sentenced to 38 years before being eligible for parole, but that was later cut to 25 years after a Privy Council ruling that Bermuda law does not allow a minimum sentence longer than 25 years for premeditated murder and 15 years for “simple” murder.

Myers, then 28, was jailed for at least 38 years in 2011 for the 2009 murder of Mr Harford on St Monica’s Rd, said in court to be the heartland of the 42 gang.

The court was told the shooting was retaliation for an earlier incident at the Mid Atlantic Boat Club, where Cox, said to be a member of the 42 gang, allegedly threw a drink over a woman associated with the Middletown/Parkside gangs.

But Myers’ sentence was also reduced — by 23 years to 15 years under the same Privy Council ruling that saw Cox’s sentence cut.

Appeal: Antonio Myers