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Furbert, Franks to appeal murder convictions

Two killers have won a final right to get their convictions quashed after lawyers representing the men took their case to the Privy Council in London.

Teiko Furbert and Sheldon Franks were both given life sentences in April last year after being found guilty of murdering James Cyrus two years ago.

But yesterday Cyrus' mother attacked the decision to give her son's killers a "second chance''.

In a candid interview with The Royal Gazette , Mrs. Sandra Cyrus said she had endured a nightmare ordeal since the tragedy -- and had been under doctor's care.

Initial appeals against both murder convictions and sentences were thrown out by the Court of Appeal last November, prompting lawyers to make one final appeal to London's Privy Council.

And yesterday it was confirmed that the Law Lords had granted leave for an appeal against conviction to go ahead.

The appeal, which will probably be heard by five Law Lords, is expected to take place later in the year.

Last night the attorney representing Franks declined to comment on the case, other than to say that the appeal had crossed the first hurdle and would now be heard.

"It was successful -- we got leave to appeal for Franks and Furbert was also granted leave,'' defence barrister Mark Pettingill said.

Mr. Cyrus died after being shot in the head as he sat in a house in Curving Avenue, Pembroke, in July 1996.

He was able to stagger hundreds of yards to his home on Union Street but died in his mother's arms 15 minutes later.

And despite the fact that only one shot had been fired, both Furbert and Franks were later found guilty of murder.

Franks' appeal is expected to centre on the question of whether the trial judge should have allowed Mr. Cyrus' dying declaration -- in which he identified Franks as his killer -- to have been admissible in court.

But last night Mrs. Cyrus, 49, of Crown Lane, Devonshire, condemned the Privy Council's decision, saying: "I want to know why my son's murderers are getting a second chance.

"My son can't get a second chance to live and his three children don't have a chance to see their father again or play with him or hear his voice again. It is heartbreaking to see their reaction when they see a picture of him or hear other children calling their fathers.

"My life has been in turmoil these last two years -- it's like a nightmare. I have lost a good job and been under doctor's care for the last year or more, trying to get my life back together.

"The people who sit on the Privy Council don't live here. They act as if it is normal for people to shoot and kill people. My son's murder means nothing to them.

"They will get a chance for a second trial with a chance for a manslaughter charge to be brought in, wasting the taxpayers' money and putting my family and I through a lot of mental stress all over again.

"My family and I had to go through seeing James in that condition, hearing him say that he was going to die and that we shouldn't worry. I have never gotten over the shock of seeing him die that way -- it's a parents' worst nightmare -- and this is just like murdering him all over again. Just let him rest in peace. I pray to God that no other family should have to go through this.'' Last night prosecutors from the Attorney General's Chambers could not be contacted to give their view on the outcome of the appeal.