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Murderer Myers has sentence slashed

Antonio Myers (Photo by Mark Tatem)

A convicted killer yesterday had his minimum sentenced more than halved as a result of a recent Privy Council ruling.

Antonio Myers, 28, had been sentenced to spend at least 38 years behind bars for the murder of Kumi Harford but that sentence was this afternoon reduced to 15 years.

While 23 years less than the original minimum sentence, the new sentence is the statutory maximum for those convicted of “simple” non-premeditated murder.

Mr Harford was fatally shot in the St Monica’s Road area at around 5am on December 5, 2009 while in his car.

Myers was convicted of murder in 2011 following a trial and sentenced to life in prison.

Puisne Judge Carlisle Greaves also ordered that Myers serve at least 38 years of his sentence before becoming eligible for parole.

However, a recent ruling by London’s Privy Council in the case of Jermaine Pearman established that Bermuda law prohibited minimum sentences greater than 15 years in cases of “simple” murder. As a result of that ruling the Court of Appeals returned the matter to Mr Justice Greaves for resentencing.

The case returned to Supreme Court earlier this week. Director of Public Prosecutions Rory Field suggested that the maximum tariff of 15 years be applied, saying the killing was the cold-blooded response to a perceived insult by a member of the 42 gang.

Defence lawyer Elizabeth Christopher, however, called the prosecution’s theory of the murder speculative and “preposterous”, saying that while Myers may have been convicted for being involved in the killing, there was no evidence to suggest he pulled the trigger.

Delivering his sentence this afternoon, Mr Justice Greaves said: “In Bermuda, where the maximum minimum for murder is at the relatively low level of 15 years, it is my view that, in cases as seriously aggravating as the present case, a court ought to be careful about tinkering with a minimum below on the basis that one of this class is a little worse or a little less so than another, when in reality they are all so bad.

“Although each case is to be judged on its own merits, it is difficult to see how a case of this class of aggravation and without any exceptional mitigating circumstances could expect to fall below the maximum minimum.”

The judge confirmed Myers’ life sentence and ordered the defendant serve a minimum of 15 years before being eligible for parole.