Lightbourne loses out on appeal
Justice Austin Ward prejudiced a jury.
And now the conviction of Randolph Lightbourne -- for robbing and wounding of owner of the Woody's drive-in in Sandys Parish in December 1995 -- stands. He was convicted last May after a four-day trial.
Lightbourne, 32, was sentenced to ten years in prison for robbery and seven years for wounding.
The jury found he slashed the owner of the bar and robbed him of $4,600 in cash.
His accomplice was never found. Police observed Lightbourne's car driving away from Boaz Island minutes after the robbery.
Lightbourne's counsel, Marc Telemaque, argued the trial judge allowed the defendant's previous convictions to be put to the jury, and allowed hearsay evidence to be admitted.
Mr. Telemaque said Mr. Justice Ward also neglected to use any evidence that supported his client.
But the justices found that Mr. Justice Ward gave "adequate'' direction to the jury on how to deal with the previous convictions evidence.
In addition, while the Crown offered evidence the man Lightbourne claimed was driving his car was in Jamaica at the time, it did not offer evidence to prove it, making the evidence hearsay.
The justices found the count did have substance, but the judge's directions were found to be favourable to Lightbourne.
The justices also found Mr. Justice Ward had sufficiently reviewed the evidence of witnesses in his summation, and was balanced, showing no favour to either the prosecution or defence.
Nor did he misdirect the jury on Lightbourne's right to remain silent when under questioning by Police after quoting the summation at length, and saying that it had to be read in "context''.
Lightbourne is also serving consecutive sentences of 18 months for dangerous driving and causing the death of his friend Colin George Francis.
He was sentenced in December to 22 years in prison consecutive to the Woody's sentence for armed robbery of the Somerset Branch of the Bank of Butterfield.