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Lawyer for officers in Azario Major case launches appeal

Azario Major, who was killed by police in 2021,

Azario Major, who was killed by police in 2021,

By PAVEL BAILEY

Tribune Staff Reporter

pbailey@tribunemedia.net

The lawyer for the four officers in the case of Azario Major changed his constitutional motion into an appeal in the Supreme Court on Friday as he seeks to overturn the finding of homicide by manslaughter against his clients.

The four officers involved in Major’s death in 2021 want the Coroner's Court’s ruling overturned, arguing that pre-trial publicity prevented a fair inquest.

Justice Franklyn Williams presided over the appeal.

The attorney general and the “Coroner of the Coroner’s Court” are the first and second respondents in the case. The judge denied an application from Azario Major’s family to be a party to the proceedings.

Keevon Maynard submitted that media coverage of the shooting prior to the inquest prejudiced the jury against his clients

He also argued that Acting Coroner Kara Turnquest-Deveaux did not have the right to refuse his application for a constitutional motion when she went ahead with the inquest. His declaration was that her refusal to do so was unlawful and that there should be a new inquest ordered to overturn the previous ruling

Mr Maynard further submitted that since the outcome of the inquest there have been negative attachments to his clients from the public.

However, when asked by Justice Williams in what way the finding affected the officers, Maynard confirmed that it has not affected their careers, as the officers have yet to face formal charges, have not been interdicted and continue to work on active duty.

After stating that it was the duty of the Coroner to preside over the inquest to determine the cause of Azario’s death, the Justice said that none of the officers’ constitutional rights had been breached by the finding.

“The bottom line is that no one, except maybe a few, have attached a stigma to these officers,” Justice Williams said. “Who has done that? Where’s the evidence of that? And does that stigma constitute a breach of their constitutional rights?”

“They haven’t been charged with anything. And it cannot even be said that there is a likelihood they will be charged. That cannot even be said.”

Patrick Sweeting, who marshalled evidence in the inquest and speaking on behalf of the Director of Public Prosecutions, said that at no point were the officers under civil or criminal liability for their actions as a result of the inquest.

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