By FARRAH JOHNSON
Tribune Staff Reporter
fjohnson@tribunemedia.net
A MAN who was accused of fatally shooting another man in 2004 will receive a court-appointed lawyer to defend him against the Crown’s appeal against a judge’s decision to stay the proceedings of his case.
Garth Hall and another man were accused of shooting and killing Jeremy Butterfield on July 2, 2004. Police said Mr Butterfield was shot outside of a bar on Bahama Avenue and Market Street. EMS personnel arrived to take him to hospital but he died of his injuries.
During their trial in 2016, the jury was discharged after the presiding judge was informed Hall wished to be heard on a constitutional motion.
At the time, then Senior Justice Stephen Isaacs was presented with a letter on behalf of Hall concerning the 12-year lapse between his arrest and the start of the trial. Hall said he also wished to address the issue of his fitness to stand trial on the basis that he was shot 13 times earlier that year and alleged the lasting effects of his injuries were impacting his memory.
After hearing the motion, the judge acceded to Hall’s constitutional application and stayed the proceedings.
The Crown appealed that decision on the grounds that “there were no exceptional circumstances which were stipulated by the learned judge”.
During a virtual hearing before Justices Jon Isaacs, Roy Jones, and Carolita Bethel yesterday, Crown attorney Cephia Pinder Moss argued that “it was never demonstrated that a fair trial could not be had”.
Hall, who is currently in custody for an unrelated matter, appeared before the panel without legal representation.
As a result, Justice Isaacs said they would adjourn the matter so the court could assist Hall in obtaining an attorney. He will appear before the appellate panel of justices on May 3 for a status hearing.
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