The Tribune

By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

THE Court of Appeal has refused to reopen the murder appeal of Dervinique Edwards, one of the young women convicted in the notorious 2018 killing of 19-year-old mother Breanna Mackey, who was set upon in the street after a dispute over an $80 cellphone.

Mackey’s killing became one of the country’s most closely watched murder cases at the time. The subsequent arraignment of six accused — four women and two teenage girls, ranging in age from 16 to 20 — drew a large crowd and intense scrutiny as they were escorted to court under heavy police guard.

Eight years later, Edwards has failed in another attempt to overturn the consequences of that attack.

The Court of Appeal yesterday dismissed her application to reopen an appeal that it rejected in 2022, finding that she had not shown the exceptional circumstances required for the court to revisit a concluded criminal case.

Edwards and Zaria Burrows were convicted of Mackey’s murder and originally sentenced to 28 years in prison.

Burrows later succeeded in having her murder conviction reduced to manslaughter, but Edwards’ conviction and sentence were upheld.

Edwards subsequently sought permission to appeal to the Judicial Committee of the Privy Council, but that application was refused in February 2023.

The Privy Council found there was “no risk that a serious miscarriage of justice in relation to either conviction or sentence has occurred in this case”.

Despite exhausting that avenue, Edwards returned to the Court of Appeal seeking to have her concluded case reopened.

The court said the overriding question was whether she had demonstrated exceptional circumstances showing that a significant injustice had occurred.

It found she had not.

Most of the arguments Edwards raised had already been considered, the judges said, while the only new issue — whether another alternative verdict should have been left to the jury — did not establish an injustice because manslaughter had already been left as an alternative verdict.

The court said Edwards’ inability to pursue another appeal was not, by itself, a reason to revive the case.

“In the absence of exceptional circumstances,” the court said, “there is a need for finality in criminal litigation, which in our view must prevail.”

The case stemmed from the brutal January 25, 2018 attack on Mackey, who had turned 19 the previous day.

The dispute involved a broken cellphone. Mackey’s sister told The Tribune shortly after the killing that the attack followed a row between Mackey and a group of girls over the phone.

The later court proceedings established that several weeks before Mackey’s death, Thea Williams, Burrows and Edwards had gone to Mackey’s home over money allegedly owed to Williams.

After an argument, the three returned to their vehicle, armed themselves with knives and screwdrivers and attempted to attack Mackey before her sister, Latisha Woodside, told them to leave.

On January 25, Burrows was driving a vehicle carrying Edwards, Williams and four others when Williams spotted Mackey walking along the road.

Burrows drove quickly to catch up with her and stopped the vehicle in a way that prevented Mackey from escaping.

Several occupants got out and attacked Mackey with stones and a bottle before Williams produced a knife and stabbed her repeatedly. The group then returned to the vehicle, and Burrows drove away.

Mackey died from her injuries.

At the time, The Tribune reported that her three-year-old daughter was struggling to understand her mother’s death and repeatedly asked when she would wake up.

The attack was witnessed by Mackey’s sister, Nafetera Brown, and Godnal McKenzie.

Brown identified Edwards as one of the attackers and said she was holding a bottle. Edwards and Burrows, however, told police that they remained in the vehicle, did not know Williams had a knife and had not agreed to kill Mackey.

Edwards and Burrows eventually went to trial and were convicted of murder.

Other defendants resolved their cases differently. Williams, who inflicted the stab wounds, pleaded guilty to manslaughter and received a 25-year sentence, while another participant who admitted kicking and stomping Mackey pleaded guilty to manslaughter and received 12 years. Two others who admitted throwing rocks and bottles pleaded guilty to causing harm and received two-year sentences.

Edwards and Burrows were each sentenced to 28 years, although credit for time spent on remand reduced Edwards’ remaining sentence to 25 years and two months and Burrows’ to just over 26 years.

Burrows later won a significant victory on appeal. In July 2022, the Court of Appeal quashed her murder conviction, substituted manslaughter and imposed a 15-year sentence from the date of conviction.

Edwards’ appeal was dismissed.

In her latest application, Edwards argued that the trial judge had inadequately directed the jury on whether she knew Williams had the knife under the law of joint enterprise and on the scope of the alleged agreement among those involved.

She also argued that another alternative verdict should have been available and challenged the Court of Appeal’s reliance on McKenzie’s evidence, contending that he did not identify her as a participant in the assault.

The Court of Appeal rejected those arguments, saying most revisited matters already considered and that the Privy Council had subsequently found no risk of a serious miscarriage of justice.

The judges said the court became functus officio once Edwards’ original appeal was determined and could reopen it only in exceptional circumstances.

Her application was dismissed.