Retrial for man accused of murder
A man convicted of murder is to face a retrial after the Court of Appeal expressed concerns over jury selection.
Sir Christopher Clarke, president of the Court of Appeal, ordered the retrial of Khyri Smith-Williams, who had been jailed for the fatal shooting of Colford Ferguson, in 2011.
Mr Smith-Williams will remain in custody pending his retrial.
However the Appeal Panel dismissed the appeals of both Quincy Brangman and Le-Veck Roberts.
Brangman is serving a 25 year sentence for the attempted murder of Nathan Darrell in 2010 while Roberts was jailed for life in 2015 for the double murder of Ricco Furbert and Haile Outerbridge.
A written judgment is expected to be released in the near future.
All three men had argued that rules which allowed prosecutors to “standby” multiple jurors without cause went against their constitutional right to a fair trial.
Prosecutors were allowed to stand by an unlimited number of potential jurors without a reason, but the defence were only to allowed to make three challenges without cause.
The procedure was ruled unconstitutional by Chief Justice Narinder Hargun in a case last year and legislation to revise the jury selection process to allow an equal number of challenges was introduced.
However the three appellants had alleged that their trials had been tainted by the older rules.
Roberts was one of four men found guilty of the double murder of Ricco Furbert and Haile Outerbridge, who were both fatally shot in the Belvin's Variety store on Happy Valley Road on January 23, 2013.
Prosecutors said Roberts was the gunman in the gang-related shooting, while Romano Mills and Gariko Benjamin aided and abetted the killing and Christoph Duerr served as the “armourer” who provided the firearm.
Roberts was arrested by armed officers two days after the shooting and tests later revealed a single particle of gunshot residue on his hand, along with a smattering of particles associated with the discharge of a firearm.
He was released on bail and left the country but was later extradited back to the island to face the charges.
Brangman meanwhile was convicted of attempting to kill footballer Nathan Darrell outside the target’s Sandy’s home on February 13, 2010.
The firearm involved was subsequently used in several other shootings, including the 2010 murder of Dekimo Martin and the 2011 murder of Colford Ferguson.