By FARRAH JOHNSON
Tribune Staff Reporter
fjohnson@tribunemedia.net
A MAN convicted of attempting to murder three men at a cemetery in East Grand Bahama over three years ago has launched an appeal against his 35-year prison sentence.
In 2016, Doyle Mackey was charged with the murders of brothers Carlos and Carlton Hamilton, and the attempted murder of Jermaine Ferguson aka “Jenkins”, John Edgecombe, aka “Rasta”, and Joshua Williams.
The charges stemmed from a multiple shooting incident that occurred in McLean’s Town Cemetery in Eastern Grand Bahama in November of that year.
During his trial, the jury returned a hung verdict on the murders; however, they found Mackey guilty of the attempted murders of Ferguson, Edgecombe and Williams with verdicts of 11-1, 10-2 and 11-1 respectively.
He was subsequently sentenced to 35 years imprisonment for three counts of attempted murder, which were ordered to run concurrently starting from the day of conviction, less any time he spent on remand before being convicted.
At the time of sentencing, Justice Estelle Gray-Evans noted that Mackey – who admitted at his trial to being a drug dealer and firing shots at the men in self-defence – showed no remorse and failed to accept responsibility for the part he had played in causing serious injuries to the complainants who could have lost their lives that day, along with two other men who were murdered at the cemetery.
Yesterday, Mackey’s attorney, Carlson Shurland appealed his conviction after arguing that the evidence of attempted murder presented during the trial was not adequate or sufficient to go to a jury to make out the case for which Mackey was convicted.
During the virtual hearing before Justices Milton Evans, Carolita Bethel and Roy Jones, Mr Shurland also asserted that some of the submissions of the case were “flawed” and needed to be addressed in a retrial.
“You cannot compartmentalise the murder and the attempted murders because it’s all a part of one transaction,” he stated. “The only reason the Crown is saying the other three are alive is because they did not die from that particular overt act of trying to kill two others. And my submission is that is all speculation... and you will see from the Crown’s case (that) they have nothing to suggest how they even arrived at that conclusion”.
Stating his client was alleging self-defence, Mr Shurland insisted no evidence of attempted murder existed.
He also claimed the learned judge “accepted that there was no evidence, direct or otherwise, that can be attributed to Mr Mackey having the intention to kill or shoot anyone” in the no case submission.
However, the panel said they did not agree with the attorney’s interpretation of the judge’s assertions.
On another ground, Mr Shurland further accused the prosecution of making improper comments during the course of the proceedings when they described the appellant as a “liar, a hit man and mastermind of the crime”.
He also said he found an issue with the prosecutor referring to the “deceased men” as “lambs who were led to the slaughter”.
“Some of the comments that were made by the prosecutor I felt, and I submit, were out of place and out of order,” he said.
“They were emotive, and they were extremely prejudicial and every time I saw she said it I objected.”
Yesterday, Mr Shurland also said he intended to file a ground of appeal against what his client believed was an unduly harsh and severe prison sentence. However, his current submissions before the panel did not include any arguments contesting the 35-year sentence.
As a result, the appellate panel of justices adjourned the matter to April 29 to give Mr Shurland an opportunity to submit an amended submission in respect to Mackey’s sentence.
Crown attorney Neil Brathwaite will also present his submissions on that date.
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