BASSETERRE, St. Kitts – CONVICTED felons and offenders who were seeking to have their convictions or sentences quashed or reduced, experienced little or no success with the Eastern Caribbean Court of Appeal dismissing their appeals.
The January 2010 Criminal Assizes is on a week-long hiatus, giving way to the local sitting of the Court of Appeal, the first for the year.
On Monday, March 15, 2010, Chief Justice His Lordship Hugh Anthony Rawlins and Justices of Appeal began tackling the list of appeals – which includes 20 criminal matters - scheduled for hearing during this sitting.
Monday’s session was presided over by Chief Justice Rawlins and Justices of Appeal Ola Mae Edwards and Janice Messadis George-Creque, during which six of the High Court Criminal Appeals against sentences, convictions or both were disposed of.
Lawton Forbes was convicted of armed robbery on November 17, 2007 and sentenced to seven years at Her Majesty’s Prison. He appealed his sentence, contending that it was “a bit too much time”. This, however, was dismissed and the sentence imposed by the High Court confirmed.
Convicted of the offence of “robbery”, Esrette Henville appealed his sentence and noted that he wishes to be a positive role model to his younger siblings and provide financial assistance to his mother.
He explained to the court that, although he knows his actions could not go unpunished, he is seeking some clemency. His appeal was also dismissed and the sentence imposed at the High Court confirmed.
Appeal against the sentence imposed on Vernon Simon, who was convicted of a burglary offence, was also dismissed.
The arguments of Ourtic Gillard, who was convicted of a “burglary” offence, were heard by the court on grounds including lack of substantial evidence and inconsistencies in the prosecution’s case.
Chief Justice Rawlins explained to Gillard that the trial judge, in his summation of the evidence to the jury, addressed these issues and gave proper direction to the jury in compliance with the law. Rawlins said the convicted man’s appeal may have been allowed had the trial judge not done so. It was however dismissed and both the conviction and sentence imposed at the lower court were confirmed.
Pleading guilty to raping an 83-year-old woman and having been sentenced to serve 12 years, Denville Newman took his chances before the Court of Appeal and begged for a reduction. Notwithstanding that he was spared the maximum - life- sentence for this offence, Newman appealed on the grounds that the sentence was too harsh.
After being told by Her Ladyship George-Creque to consider what he had done to the elderly woman, Newman was informed that his appeal was denied and the sentence confirmed.
Also convicted of and sentenced for rape, Roosevelt Browne filed an appeal against both conviction and sentence but they were dismissed.
Hearings continued yesterday (Mar. 16) and included that of 69-year-old Arthur Galloway, who was sentenced in March 2007 to serve six years in prison for “unlawfully and carnally knowing an 11-year-old”. Galloway originally intended to appeal against the conviction but informed the presiding JAs that he wished not to proceed.
Galloway mitigated that he is not physically well, he is aged and this is his first offence.
The elderly man was reminded that the maximum penalty for the offence for which he was charged is life imprisonment. It was further explained to him that, given the circumstances of the case, his appeal was dismissed.
The cases of Mervin Maloney who was sentenced to five years in prison for indecent assault, Everette Allen who was jailed for robbery, and Thomas Simmonds who was imprisoned for robbery, were also heard but they were all unsuccessful in achieving their desired result.
While all sentences in these cases were confirmed, it was ordered that service of these sentences begin from the date of arrest rather than the date of conviction or sentencing.
