The Tribune

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

KOFHE Goodman is to be assigned an attorney at the public's expense to better enable him to appeal his latest sentence for murdering 11-year-old Marco Archer eight years ago, the Court of Appeal ruled yesterday.

The appellate tribunal of Justices Jon Isaacs, Roy Jones and Sir Michael Barnett ordered that Goodman, 43, receive a court-appointed lawyer to contest his conviction and 55-year sentence for killing the sixth-grader in 2011.

Goodman returns to court on November 13 for a status hearing into his matter. He is remanded into custody until that time.

Archer, a student of Columbus Primary School, went missing from Brougham Street on September 23, 2011, and was found dead days later. The little boy was reported missing by his family after failing to return home from a neighbourhood store where he went to purchase candy. His family begged for help in ensuring that he was returned home safely.

However, days later police discovered Archer's body in bushes behind an apartment complex on Yorkshire Drive near where Goodman lived. It was determined he died as a result of blunt force trauma to his head.

Goodman was initially convicted of Archer's killing on August 2, 2013, and sentenced to death by hanging by Justice Bernard Turner on October 29, 2013.

However, the Court of Appeal overturned the conviction and sentence and ordered a retrial because of the "lurking doubt about the fairness of the trial" brought on by adverse pre-trial publicity, misconduct of Goodman's then defence lawyer Geoffrey Farquharson and the former jury's irregularity.

Goodman was reconvicted of the murder on May 30, 2017, following the second trial before Justice Carolita Bethel. Wayne Munroe, QC, represented him at the time.

In May of last year, Justice Bethel sentenced Goodman to 55 years in prison for killing young Marco after rejecting the Crown's call for the death sentence. Seven years were ordered to be deducted from that sentence to account for time he had spent in custody up to that point.

At the time, Justice Bethel determined that she could not conclusively say Goodman is incapable of being reformed. Precedent from the Privy Council dictates a person should be sentenced to death only if a judge is satisfied the case both represents the "worst of the worst" and that the convict cannot be reformed.

Justice Bethel based her decision based on the contents of a psychiatric report by consultant psychologist Dr John Dillet, who said Goodman meets the criteria for several disorders, including lifetime alcohol misuse disorder, lifetime marijuana misuse disorder and anti-social behaviour.

When asked if Goodman could be reformed, Dr Dillet told the court he's duty bound to believe humans can be rehabilitated, even though he admitted the Bahamas currently lacks the expertise and resources to increase the chances that reform could occur.

"Notwithstanding the heinous crime committed on the young boy and the manner he was found, I cannot say it is a case that satisfies the criteria for a sentencing of death," Justice Bethel said at the time.

"Should The Bahamas have available that treatment as envisioned by Dr Dillet I do hope there is always a possibility every human being will be capable of reform," she added.