Judges reject murder appeal
Andre Hypolite has lost an appeal against his conviction for the "brutal and merciless" murder of Nicholas Dill on Boxing Day 2004.
The Court of Appeal yesterday threw out the killer's claim that the judge presiding over his 2008 Supreme Court retrial failed to properly direct the jury.
Hypolite was first found guilty in April 2006 of fatally stabbing Mr Dill, 44, and unlawfully wounding the latter's girlfriend, Stacey Pike, at a drug-fuelled sex session.
But the conviction was quashed in November 2007 by the Court of Appeal, which found that his defence claims were not fully put to the jury.
A three-week retrial took place and Hypolite was convicted again of both charges in September 2008, after the jury heard how he went on a rampage with a knife at Mr Dill's dilapidated shack of a home in Pearman's Hill, Warwick.
The 38-year-old was sentenced to life imprisonment, with parole to be considered after a minimum of 15 years behind bars.
Puisne Judge Charles-Etta Simmons said of his gruesome crimes: "The attack on Mr Dill, a naked man, was brutal and merciless.
"The attack on Ms Pike showed wanton disregard for her safety."
Hypolite was granted legal aid to appeal his conviction a year ago.
His lawyer Elizabeth Christopher argued that Mrs Justice Simmons failed to caution the jury in relation to the evidence of the victim's brother Andre Dill, Ms Pike and Hypolite's ex-girlfriend Lisa Caines.
Ms Christopher also claimed the judge failed to direct the jury on a possible alternative verdict of involuntary manslaughter.
The Court of Appeal's panel of three judges rejected both grounds of appeal.