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Court of Appeal: murderer Anthony Davis must serve full term

Full sentence: Anthony Davis must serve at least 23 years in prison for the murder of Morissa Moniz (File photograph by Blaire Simmons)

A man jailed for life in the murder of his former girlfriend has had his appeal for a reduced sentence dismissed as part of a series of cases turned down by the Court of Appeal.

Anthony Davis, who admitted in February to the killing of Morissa Moniz in the early hours of November 11, 2021, will not become eligible for parole until a minimum of 23 years.

Puisne Judge Shade Subair Williams told Davis at his sentencing in March he had stabbed her fatally in “a jealous rage” because she had moved on to a new relationship.

Counsel for Davis questioned whether Mrs Justice Subair Williams had taken into account his intoxication on the night of the murder, including as an aggravating factor, when she passed sentence.

The Court of Appeal did not view his consumption of alcohol as relevant, noting that Davis’s murderous intent in the attack had been “abundantly clear”, as caught on the house’s security cameras.

The ruling added: “The judge did not refer to intoxication in her sentencing remarks, so it cannot be said that she accepted the Crown’s submissions that alcohol was an aggravating feature.”

Mark Pettingill, for the defence, also highlighted that the sentencing judge found that it was an aggravating feature of the case that Davis had “retrieved and armed himself with two knives before chasing the victim” and attacking her.

The Court of Appeal found no fault in Mrs Justice Subair Williams’s reasoning.

The minimum of 23 years before qualifying for parole was upheld.

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An appeal by a former head of the West End Development Corporation against a charge of sexual assault was also turned down.

Ray Charlton, a former election candidate for the One Bermuda Alliance, sought to challenge a suspended jail sentence given after an incident in August 2018, when he grabbed the buttocks of a 20-year-old woman at her home in Sandys.

He denied the charge, but at his first appeal changed his defence, claiming that a mixture prescription and over-the-counter drugs had caused him to suffer bouts of “mania”.

That appeal, back by a report written by Sebastian Henagulph, a forensic psychiatrist, was turned down.

Charlton brought a second report by Dr Henagulph for another appeal, but the court rejected it as fresh evidence.

Taaj Muhammad’s appeal of his 2022 conviction for the gun murder of Ronniko Burchall in 2018 and the use of a firearm in the commission of murder was also rejected.

Defence lawyer Charles Richardson attempted to challenge the prosecution’s main witness, who was involved in a relationship with Muhammad that ended after alleged threats on her life.

Appeal was refused.

Drug dealer Shae Butterfield, who tried to overturn a conviction of possessing cannabis with intent to supply at BAA Field in Pembroke in February 2019, was also unsuccessful.

The Court of Appeal ruled that the prosecution’s case “could not have been stronger”.

The court found that the argument the police had fabricated the case against Butterfield was one that would “likely fail unless there are grounds for credibly suggesting a motive”.

An appeal against a decision referring a dispute between dock-workers and management over the termination of the son of a union leader to a tribunal was also dismissed.

Stevedoring Services had called for a judicial review of labour minister Jason Hayward’s decision to refer the matter to a tribunal.

The firm argued that disagreements over the 2020 termination of Chris Furbert Jr did not amount to a labour dispute.

Puisne Judge Jeffrey Elkinson ruled last year that it was “quite clear” that a labour dispute had arisen.

The case concerned a disagreement off the job between Mr Furbert — the son of Chris Furbert Sr, president of the Bermuda Industrial Union — and another employee, Joshua Butler, which allegedly resulted in a physical altercation.

Mr Butler filed a police report and the assault case was heard in the Magistrates’ Court, where Mr Furbert, who pleaded not guilty, was placed on bail and ordered not to have any contact with Mr Butler.

Mr Furbert was terminated after he refused to agree to Stevedoring Services’ attempt at mediation, arguing that his bail terms precluded direct involvement with Mr Butler.

Stevedoring Services called for Mr Hayward’s decision to refer the matter to the Permanent Arbitration Tribunal to be quashed, but the Court of Appeal backed Mr Justice Elkinson’s ruling that the dispute had failed to be resolved.

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