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Murder trio set for Court of Appeal

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Darrion Simons: Convicted of the murder of David Clarke in 2011

Three men convicted of murder will appear before the Court of Appeal next month, pleading their innocence.

Jahkeo Leshore and Darrion Simons are both appealing their premeditated murder conviction for the 2011 slaying of David Clarke, who was fatally shot at the junction of Bandroom Lane and North Shore Road in Pembroke.

Meanwhile, Wolda Gardner is appealing his conviction in the fatal shooting of Malcolm Augustus, who was killed on Christmas morning in 2012.

In that case, the Crown have launched their own appeal against Gardner’s sentence of life, with a minimum term of 20 years.

In another high-profile case, Devon Hewey and Dujon Reid Anderson are seeking to appeal their convictions and sentences for perjury.

Both men were jailed after a jury found they had pressured a witness into giving false evidence in a trial in which Hewey was a defendant.

Lawyer Kamal Worrell, who was charged with the two men but was found to have no case to answer, will also appear before the Appeals Court with the Crown contesting the ruling of a costs application.

Also during the Appeal Court sessions will be the appeal of a ruling made by Chief Justice Ian Kawaley in a case between the Minister of Home Affairs and several unions over walkouts that occurred in January 2015.

In that case, the government requested a permanent injunction against the Bermuda Industrial Union, the Bermuda Public Service Union and the Bermuda Union of Teachers to prevent them from staging walkouts. While the application was refused by Mr Justice Kawaley, he found that the walkout over the issue of extending furlough days was “unlawful”.

The union groups are reportedly launching the appeal with the minister in the position of respondent.

The Minister of Home Affairs is appealing an immigration ruling, in which the Supreme Court found the Bermuda Immigration and Protection Act 1956 contravened the Bermuda Constitution.

Michael Barbosa challenged provisions in the statute that he claimed discriminated against him on the basis of his place of origin and prevented him gaining status.

In a judgment, Puisne Judge Stephen Hellman found that the immigration legislation was discriminatory on the basis of place of origin in failing to provide a pathway to status to Mr Barbosa and other British Overseas Territories Citizens who were ordinarily resident here on July 31, 1989.

Mr Barbosa was born in Bermuda in 1976 and lived on the island until he was 16 when he moved to the Azores with his family.

He later returned to Bermuda and obtained a work permit until he was granted indefinite leave to remain in Bermuda in 2013, but under the 1956 Act he is not eligible to obtain status or a permanent resident’s certificate because neither of his parents possessed Bermudian status at the time of his birth.

While the judge said that the proposed Pathways to Status legislation would address the concerns, that legislation was taken off the table earlier this year after a week of widespread protest.

Wolda Gardner: found guilty of the murder of Malcolm Augustus