The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

THE Court of Appeal yesterday ordered a lawyer on record for a man convicted of attempted murder to appear for the substantive appeal hearing in a month’s time.

Olain Escarment appeared before Justices Anita Allen, Abdulai Conteh and Jon Isaacs for a status hearing concerning his intention to contest the conviction and 21-year sentence in the April 8, 2011, attempted murder of Marcus Coakley.

Geoffrey Farquharson, Escarment’s lawyer on the court’s record, had asked the appellate court to appoint counsel for the 26-year-old as he had not received instructions in the matter due to outstanding transcripts.

However, the judges were of the view that Mr Farquharson is bound by his representation of Escarment, having put himself on record as counsel and having appeared for him on more than one occasion in the appellate court in the past year.

Mr Farquharson said he would not appear on the adjourned date without instructions.

“We are ordering you to appear on the date that for the substantive hearing of Mr Escarment’s appeal,” Justice Allen said.

“I’m aware of the court’s order,” Mr Farquharson replied.

“We expect and we order you to be here on that day...I say no more,” Justice Allen said, before informing Escarment of his April 8 substantive hearing.

Escarment, in January 2013, was unanimously convicted of the April 8, 2011 shooting incident.

The jury accepted Coakley’s testimony that the two were arguing over a woman when Escarment pulled out a gun and shot him. However, Escarment claimed that the shooting was in self-defence and occurred when the two struggled for the gun, which, he said, belonged to Coakley.

Escarment was convicted and, in February 2013, was sentenced by then Senior Justice Jon Isaacs to 23 years imprisonment.

However, the judge took into account the time Escarment had spent on remand awaiting trial. The sentence was reduced to 21 years and two months.

To date, the appellant has served three years and ten months at the Bahamas Department of Correctional Services.