The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

WHILE three men convicted of murdering a policeman must wait a month to learn what sentence the Supreme Court will impose, they discovered yesterday that Crown prosecutors are seeking the death penalty.

However, defence counsel for Stephen “Die” Stubbs, Andrew “Yogi” Davis and Clinton “Russ” Evans argued that the death penalty was out of the question considering the Crown failed to give notice of their intention within 10-14 days according to law.

“If it was their intention, a notice should’ve been served,” Romona Farquharson-Seymour submitted, adding that because it was not done, “as it stands now, the death penalty isn’t on the table.”

Murrio Ducille, Stubbs’ attorney, told Justice Roy Jones that he “pretended not to hear” when the statement was made by the director of public prosecutions.

DPP Vinette Graham-Allen countered that there were no statutory requirements for the Crown to serve notice. She said the need for notice and the Crown’s basis for seeking the death penalty in this matter would be argued at the relevant time.

On July 25, Stubbs, Davis and Evans were each found guilty of murder in the March 1999 death of Constable Jimmy Ambrose and attempted murder of Constable Marcian Scott.

Evans was separately charged with two counts of possession of a firearm with intent to put another in fear. He was found guilty on both counts.

Stubbs was represented by Mr Ducille and Jerone Roberts while Davis and Evans were represented by Ian Cargill and Mrs Farquharson-Seymour respectively.

According to the evidence, Constable Ambrose and Constable Scott were shot at by Stubbs and Evans after a fight in a local nightclub. However, Ambrose was hit and died as a result of his injuries.

Evans possessed a firearm with intent to put Constables Frank Burrows and Calvin Robinson in fear of their lives.

All three men had denied the charges and pleaded not guilty when the charges were initially read to them.

The jury returned unanimous guilty verdicts on all counts.

The men were remanded to Her Majesty’s Prison until September 18 to await sentencing.

However, in yesterday’s proceedings, it was revealed that the psychiatric report in the matter was not ready as a medical examiner claimed that the court’s request for a report came too late and to complete the report, would require three weeks.

“This report is required when the death penalty is being considered,” the DPP submitted, before asking for an adjournment.

Before the October 16 adjournment was granted, however, the attorneys for Stubbs and Evans submitted that the death penalty could not be considered because no notice was served.

The DPP disagreed about a statutory requirement for this.

Justice Jones stood the matter down for a new date.

Mr Cargill was not present at yesterday’s proceedings.