By LAMECH JOHNSON
Tribune Staff Reporter
A MAN contesting his conviction and life sentence for the murder of a policeman opted not to proceed with his application for bail before the Court of Appeal.
Andrew “Yogi” Davis and his lawyer Ian Cargill appeared in the Claughton House courtroom yesterday to withdraw Davis’ application previously made while he awaited the substantive hearing of his appeal concerning the 1999 murder of Constable Jimmy Ambrose.
The application, which had been filed because of Davis’ health concerns, was withdrawn because the substantive appeal hearing is scheduled for May 4, a little more than two weeks away.
The bail application was formally dismissed.
In October 2013, Crown prosecutors sought the death penalty for Davis, Stephen “Die” Stubbs and Clinton “Russ” Evans 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.