BASSETERRE, St. Kitts – COUNSELS for Romeo ‘Buncome’ Cannonier, Ruedeney ‘Denny’ Williams, Sheldon ‘Hatcher’ Isaac and Louis ‘Tooloo’ Gardener had presented arguments on appeal against their conviction and sentence on July 7 during the sitting of the Eastern Caribbean Court of Appeal held at the Basseterre High Court from July 4-8.
Cannonier and Gardener were represented by Edward Fitzgerald while Williams and Isaac were represented by Julian Knowles; both counsels are from the United Kingdom.
In his arguments, Fitzgerald said that according to the prosecution, Cannonier ordered the murder of Gavin ‘Magilla’ Gilbert and that their main witnesses were Donald Stevens and Lionel Warner.
He said that there might be various reasons for an accomplice to tell lies and that Warner’s credibility needs to be questioned, as he was also arrested for Gilbert’s murder and was on remand for a crime.
“There is no other evidence of substance from the crown,” Fitzgerald said.
According to evidence presented at the trial, Cannonier, Williams, Isaac and Gardener conspired and murdered Gilbert on March 21, 2005 just outside his Saddlers Village home.
It was also stated that they conspired to kill Gilbert from December 2004 to the day of his death.
Warner confessed in court to being the messenger of death, saying that while at the prison he spoke with Cannonier who told him to tell Gardener to get rid of Gilbert.
He said he understood that to mean “kill him”.
The four men were said to have unique roles in Gilbert’s orchestrated death and that in accordance with the evidence, Cannonier had masterminded the plan, Williams was the transporter and whistle blower while Isaac and Gardener were the executioners.
Gilbert was gunned down between 9:50 p.m. and 10:30 p.m. on March 21, 2005.
The plan was birthed, as evidence suggested, because Gilbert was a key witness in the case of the murder of Police Constable Delvin Nisbett; an offence for which Cannonier was convicted.
Prosecutor Sir Richard Cheltenham said the evidence of Williams’ girlfriend was important to the case along with that of Lionel Warner (described as the messenger of death) and Olivia James.
Williams, Gardener and Isaac were said to be dressed in dark clothing.
Williams’ girlfriend said she saw him cleaning a gun at home on the day Gilbert was killed and he told her not to get her finger prints on it.
She said while he was cleaning the gun she looked through a window and saw the three men dressed in dark clothing.
She said Williams left the home at 7:00 p.m., returned about 15 minutes later and left the home again sometime after 10:00 p.m.
On his return, his girlfriend told him she heard that Gilbert was killed and wanted to visit the scene.
She said Williams hesitated at her first request but shortly after agreed, and told her that if anyone asked of his whereabouts she must tell them that he was at home.
The girlfriend said that on the following day she started hearing rumours of the persons that may have killed Gilbert, and that the description of the perpetrators’ clothing was similar to that of the three men she saw outside her home.
Donald Stevens and Olivia James both saw two men running from the crime scene while, another witness, Vincent Warner, told the court that Williams had a car that “no one can see into”.
His girlfriend also received a call on the night that Williams was seen driving around in circles.
“Cannonier was the architect of the plan and told them to carry out message to Tooloo,” said Cheltenham.
Knowles said that Williams, who has one previous conviction, does not have any anti-social traits but an “eager to please and to be liked” personality.
He said that Williams would take care of Isaac, who is unable to take care of himself because of brain damage from being shot in the head.
And Fitzgerald argued that Gardener is a man of good character and this is his first offence. He told the court that his client is suffering from post-traumatic stress disorder after witnessing the execution of another inmate that was on death row.
In terms of sentencing, Cheltenham said that many people suffers from personality disorder and do not commit crimes.
“If that’s the case, we’re setting precedence for others,” Cheltenham said.
However, Knowles said that Ivan Liddie was the most accurate prosecutor witness in terms of the time of the event.
Knowles told the court that during the trial Liddie said he and Gilbert were together and that he was shot sometime between 9:15 p.m. and 9:50 p.m.
“Deney could not have been the lookout man because, according to evidence from his girlfriend, he was at home,” he said.
Knowles also said that a month before Gilbert was killed he was shot at and that other people wanted him dead, and that first shooting was not linked to any of the appellants.
The Chief Justices will review the appeals and make their decision on whether the conviction and sentences will be upheld or if they will be released or exonerated from the death sentence.
