By PAVEL BAILEY
Tribune Staff Reporter
pbailey@tribunemedia.net
A MAN convicted of a fatal 2010 drive-by shooting in Fox Hill has had his latest appeal against his 35-year prison sentence dismissed.
Denard Davis’s appeal for murder and attempted murder was rejected by Justices of Appeal Milton Evans, Gregory Smith and Vasheist Kokaram.
The court found no exceptional circumstances to justify reopening the appeal. However, it said Davis could seek redress before the Privy Council under Article 104(2) of the Constitution if new evidence emerges.
Davis was involved in the shooting of Sheria Curry and Shanko Smith outside a residence in Fox Hill on November 3, 2010.
The suspects were in a Hyundai SUV that slowed as it approached the victims, allowing the occupants to open fire.
Ms Curry died in the shooting.
At trial, a police statement from Davis was admitted in which he said he was the driver but claimed he did not know the other occupants intended to shoot.
Witness evidence contradicted that account, with an eyewitness testifying that the vehicle slowed to allow Davis’s two co-accused to fire.
Davis was sentenced to 35 years for murder and 18 years for attempted murder.
He lost his first appeal on August 7, 2018.
The Privy Council refused leave on November 9, 2022, finding no risk of a miscarriage of justice.
In March 2024, the Supreme Court refused his application for constitutional redress.
Davis then appealed that decision to the Court of Appeal, arguing he did not receive a fair trial due to his attorney’s incompetence.
He said his counsel failed to challenge the admissibility of a police interview, claiming he was beaten by police into giving the statement.
He also alleged a doctor’s report documented bruises, pain and prescribed medication, and said his attorney’s failure to follow instructions resulted in a miscarriage of justice.
He argued he was deprived of an acquittal, claiming there was no other evidence linking him to being the driver.
That appeal, along with a second appeal, was dismissed in 2024.
Davis sought to reopen his case through a constitutional motion in his latest failed attempt.
Shaneka Carey represented the prosecution.
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