The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A FORMER police corporal is challenging a Supreme Court conviction and sentencing for the beating death of a man in police custody.

Donovan Gardiner, who was convicted of the manslaughter of Desmond Key, appeared in the Court of Appeal yesterday with his attorney Wayne Munroe indicating his intent to appeal both the manslaughter conviction and sentencing.

His substantive hearing before Justices Anita Allen, Stanley John and Neville Adderley is scheduled for May 22 and submissions for the appeal are due at the end of April.

Gardiner, a 39-year-old married father of two, stood trial in the Supreme Court for the January 19, 2008, death of Desmond Key, who died of pancreatitis at Princess Margaret Hospital.

Key had been in hospital for seven months after being beaten with a baseball bat in a holding cell at the Grove Police Station on June 17, 2007.

Gardiner stood accused of hitting the detainee in the head and side with the wooden bat.

On March 2, after two weeks of trial, a nine member jury found him guilty of manslaughter.
Immediately after the 6-3 verdict was handed down, defence attorney Wayne Munroe indicated his intent to file a constitutional motion seeking to have the conviction quashed.

At a hearing on March 20, Mr Munroe argued that the trial was not a fair trial because the prosecution did not disclose Key’s complete medical records and other documents important to the defence.

He asked the judge to publicly declare that the prosecution had breached her March 2011 order to produce complete medical records and throw out the conviction.

However, Gardiner’s application to quash the conviction was thrown out by Justice Vera Watkins on the grounds that it was filed at the wrong time.

On June 28, 2012, Gardiner was sentenced to ten years imprisonment that would run from the date of his conviction.