BASSETERRE, St. Kitts – AN appeal launched by murder-convicted Crispin Prentice was dismissed yesterday (Nov. 2), the first day of the local sitting of the Eastern Caribbean Court of Appeal.
Convicted of the June 27, 2004 shooting death of 17-year-old Akeal Brookes, Prentice was sentenced to serve 25 years in prison which commenced on July 17, 2006.
Evidence in the case indicates that Prentice, while attending a car show at Carnival Village, Warner Park, drew a gun and shot Brookes in the head. The youngster was transported to the Joseph N. France General Hospital where he succumbed to his injury.
Prentice, along with co-accused Sheldon ‘Sword’ Cannonier, was taken into police custody and formally arrested and charged with the offence. After a four-day trial Prentice was convicted and Cannonier acquitted.
During the last local sitting of the Eastern Caribbean Court of Appeal, Prentice’s appeal was scheduled to be heard but had to be traversed to the present sitting.
Standing before the Chief Justice of Appeal, His Lordship Hugh Anthony Rawlins, and Justices of Appeal Her Ladyships Ola-Mae Edwards and Janice Mesadis George-Creque yesterday, Prentice represented himself and forwarded arguments as to why they should allow his appeal against conviction.
With a prepared script, Prentice explained to the His Lordship and Her Ladyships that the main ground of his appeal is that the prosecution failed to prove that his intention was to kill Brookes; therefore, he ought not to have been convicted of murder.
The convicted man outlined the definition of murder, explaining that it is the killing of a human being by another with malice aforethought (intent) while under the Queen’s pleasure (state of peace). Making reference to the records of his trial, Prentice pointed out specific pieces of testimonies where he felt intent was not proven.
Prentice told the Justices of Appeal that he had the gun and that there was “conflict between me and another” and “out of rage” he drew the gun. He further explained that Brookes was not the intended target.
JA Edwards explained to the appellant that in law there is what is known as “transferred malice”, where the intention to harm one person inadvertently causes another to get hurt instead. Chief Justice Rawlins strengthened this argument by indicating that not only could intent be transferred but it could also be deduced from one’s actions.
Prentice’s plea to the court included insight into his new way of thinking since his stint of imprisonment began. He explained that he now sees the importance of freedom and has begun the reformation process.
He also forwarded a request for the JAs to reduce his sentence and afford him an opportunity to rejoin society as a reformed individual. However, Prentice was told that the only condition under which the court could reduce sentences is where the sentencing judge erred in passing judgment.
The Court ruled that the appeal be denied and the conviction and sentence imposed by the Basseterre High Court of Justice be affirmed with an expressed hope that he understands the importance of life.
