Adjournment In Manslaughter Appeal


Tribune Staff Reporter


LAWYERS representing two remand inmates have abandoned their intention to argue against their sentencing on manslaughter before a Supreme Court judge.

Kendario Bain, Owen McKenzie and Donald Nottage appeared on Wednesday for a scheduled status hearing before Senior Justice Isaacs when McKenzie’s lawyer, Michael Kemp, was to advance legal arguments that two individuals together could not commit an accidental killing.

While Mr Kemp was present for the proceedings, he was not properly attired and therefore could not be officially acknowledged by the court.

Ian Cargill, lawyer for Bain, spoke on Mr Kemp’s behalf that they were no longer going to make the argument and sought an adjournment in the circumstances.

The matter was adjourned to June 23 to determine a sentencing date as Nottage’s lawyer Wallace Rolle was not present on Wednesday, because the expected legal arguments did not apply to Nottage.

Last month, a jury found Bain and McKenzie not guilty of the February 21, 2008, murder of 17-year-old Jamil Wilchcombe. However, they were found guilty of the lesser charge of manslaughter.

In 2008, Wilchcombe’s brother, then 16-year-old Lee-Sanchez Dormeus, had left school to go to a nearby barbershop on East Street South when a young man attempted to take his cellular phone. This led to a fight between the two when two other young men joined in to attack Dormeus.

Dormeus’ 17-year-old brother, Jamil, tried to intervene on his sibling’s behalf, but was fatally stabbed in the chest.

It was alleged that Bain, with Owen McKenzie, had intentionally caused the death of Wilchcombe, which was rejected by the jury as the pair was unanimously acquitted.

However, the jury had considered and returned unanimous guilty verdicts for both men on the charge of manslaughter.

Bain, McKenzie and Nottage were convicted of causing harm to Dormeus, and Nottage was found guilty of the attempted theft of Dormeus’ Verizon Z3 GSM cellular phone.

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