The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

OUTSTANDING trial transcripts have delayed the attempts of three men to contest their convictions for the murder of a policeman by at least a month.

Stephen “Die” Stubbs, Andrew “Yogi” Davis and Clinton “Russ” Evans, who were all sentenced to life in jail for the 1999 murder of Constable Jimmy Ambrose at the now-closed Club Rock Disco, were given yesterday for their substantive hearing. Their initial court appearance was in June of this year.

However, Stubbs’ lawyer, Murrio Ducille, noted yesterday that counsel for the appellants had only received 281 of the 2,000 plus pages of the document.

Justices Stanley John, Abdulai Conteh and Neville Adderley said the court would set a status hearing for November 20.

The date was not an issue for Romona Farquharson-Seymour and Ian Cargill, lawyers for Evans and Davis respectively. Mr Cargill, however, raised concern for his client’s health, who he said has been placed on a ventilator at the prison.

The lawyer said if the transcripts were not available on the adjourned date, he would ask the court to give his client bail pending the outcome of the appeal.

Justice John, in reply, said the lawyer could file an application to the court in that regard.

In October 2013, Crown prosecutors had sought the death penalty for the three men, who were previously convicted of the murder in 2001 when the death penalty was automatically imposed for the capital offence.

That conviction and sentence were quashed on appeal in 2004, but they were convicted in July 2013 at a retrial.

A week before sentencing, Crown prosecutors gave notice of the intent to seek the death penalty.

But Justice Roy Jones said the case did not meet the “worst of the worst” requirements for the death penalty and, even if it had met those requirements, the prosecution had failed to follow sentencing guidelines by giving notice of their intention in the specified time.