By LAMECH JOHNSON
Tribune Staff Reporter
NO APPEAL has been filed by a convict condemned to death by a Supreme Court judge for the “contract killing” of a man in a Labour Board dispute with his employer.
No documents had been filed with the Court of Appeal as of 5pm yesterday, which The Tribune understands was the last of 21 calendar days available to 47-year-old Anthony Clarke Sr of Mount Pleasant Village to appeal his murder conviction and death sentence in the September 16, 2011, murder of Aleus Tilus.
However, Clarke Sr still can file with the appellate court for leave to get an extension, though he would have to provide compelling arguments as to why that court should hear his appeal.
In a press conference on Tuesday following the death penalty being handed down to Kofhe Goodman for the murder of Marco Archer, Attorney General Allyson Maynard-Gibson said that no appeal, as far as she knew, had been filed by Clarke Sr after October 10, the day of his sentencing before Senior Justice Jon Isaacs.
When asked how soon the sentence would be carried out if an appeal was not filed, the AG said “the law is clear on the matter”.
“And that is if he doesn’t appeal within 21 days, the Prerogative of Mercy will then take the steps that it deems necessary,” she said.
Mrs Maynard-Gibson, who is apart of the Advisory Committee of the Prerogative of Mercy, could not be reached up to press time for comment.
Around 9pm on the evening in question, Tilus was riding his bicycle in the area of Love Beach when he was approached by an armed gunman and fatally shot.
Clarke Sr was arraigned before then Chief Magistrate Roger Gomez in Magistrates Court three weeks later in connection with the murder, and in June of this year, he stood trial before Senior Justice Isaacs.
The prosecution produced a confession statement in which Clarke purportedly owned up to the murder.
Clarke Sr allegedly told police that he was paid “a lot of money” by a white man, who was not named, to kill Tilus because of an ongoing dispute before the Labour Board with Tilus’ employer.
The convict’s attorney, Shaka Serville, submitted that the statement was obtained through force and brutality against his client.
The jury returned a unanimous guilty verdict and the prosecutor Ambrose Armbrister indicated the Crown’s intention to seek the death penalty.
A probation report was presented in August which noted that Clarke Sr had shown no remorse for what he had done.
He maintained his innocence and his decision to appeal his conviction and inevitable sentence.
On October 10, the judge, having taken into account submissions from the prosecution and defence attorneys and the probation and psychiatric report, agreed to the Crown’s request to sentence Clarke Sr to death for Tilus’ murder.
Senior Justice Jon Isaacs further informed Clarke Sr of his right to challenge his conviction and punishment in the Court of Appeal.
The convict said he would do so but up until yesterday afternoon, no appeal had been file.