BASSETERRE, St. Kitts – ONCE again, Warrington Phillip, William ‘Willy-Esco’ Benjamin, Shervin George and Louis Richards had their murder appeals adjourned at Eastern Caribbean Court of Appeals that started at the Basseterre High Court on July 4.
However, Chief Justice Hugh Anthony Rawlins told the men that it would be the last adjournment for their respective matters.
He said that the next sitting of the Court of Appeals in this jurisdiction is tentatively set for January 2012.
Warrington Phillip, who is appealing against conviction in the murder of his wife of four years, had his case adjourned because prosecutors were unable to present arguments in the matter.
This was due to the illness of Barbadian Prosecutor Sir Richard Cheltenham and also because of the fact that they were dealing with a number of other matters.
After a two-hour deliberation, a six-male/six-female had found the 42-year-old former Nevis and Leeward Islands cricketer guilty of killing Shermel Phillip (27).
He was then sentenced to life imprisonment by Her Ladyship Justice Ianthea Leigertwood-Octave on Monday, December 22, 2008 at the Charlestown High Court.
Phillip was arrested and charged on Tuesday, February 20, 2007 with the murder of his wife, whose body was discovered by neighbours in her car with multiple injuries at her Brown Hill, residence in Nevis on Friday, February 16, 2007.
Hesketh Benjamin and Chesley Hamilton, who are representing Benjamin and George who were jointly charged with the killing of Michelle Weekes-Benjamin, said that they were not prepared to present submissions because it was only on June 10, 2011 they had received a record of the appeal and that was not enough time for them to deal with issues adequately.
William ‘Willy-Esco’ Benjamin and Shervin ‘Squeaky’ George were found guilty of murder and “accessory to murder after the fact” respectively, in relation to Weekes-Benjamin’s death.
Benjamin was sentenced to life for killing Michelle while George was sentence to 20 years for his role after her death.
According to previous reports, the prosecution proved that during the early hours of Monday, October 30, 2006, Benjamin smothered Michelle to death while she was in her bedroom and in a statement to police and while on trial said he killed her because he saw her spit in his food.
Having then resided with Michelle and his brother Leroy Benjamin Jr., who was Michelle’s husband, Benjamin told the court that he went out of his room and saw what he described as a “disrespectful” act.
Benjamin further testified that when he confronted her, she ignored him and his persistence led to an argument that erupted into a session of “wrangling”.
After the deed was done, Benjamin explained that, with the use of duct tape and plastic wrap, he bound Michelle’s hands and feet, covered her face and wrapped her in a sheet, called for assistance, placed her and the mattress in a van and went searching for a place to dump the body.
The body was dumped in the septic tank of a building under construction at Rosemary Lane, Basseterre and was discovered by workers on Wednesday, November 1, 2006.
The then accused murderer repeated that he was sorry about the incident and noted that he did not intend to kill her and wished that things did not happen the way they did.
He also maintained that George had no part in the matter and, according to George’s testimony, he did not see his co-accused on the night of the incident.
Benjamin also explained that his elder brother was asleep in his bedroom during the entire ordeal.
Further evidence brought out in court, however, was that when George was arrested, charged and issued a copy of it, he remarked that his charge was not to have been that large seeing that he only extended a helping hand.
Jason Hamilton, counsel for former Defence Force Private Louis Richards who is appealing his conviction of manslaughter, said that he received instruction late in the matter and did not have enough time to prepare for the appeal.
According to evidence presented in court, on October 14, 2008, a 12-member jury convicted Richards of the August 3, 2007 killing of Clyde Williams of Old Road.
He was originally charged with two counts of wounding with intent and one count of murder. He was however exonerated of the murder charge and convicted of manslaughter and wounding.
According to evidence in the case, on the night of August 3, 2007, Richards was shot while at the Lovers’ Bar in Old Road. Sometime later, he returned fire and struck Addren ‘Ado’ Searles in his arm and he also shot Clyde Williams who succumbed to his injuries.
Sometime after, Richards, in the company of fellow Strike Force operatives, walked to the eastern end of Old Road where he saw Jevon ‘Herbie’ Woodley, whom he said was motioning so as to remove a weapon from his waist.
At that point, Richards shot Woodley once and, as he tried to flee, the soldier shot him two more times.
Under oath, Richards told the court that Searles and Woodley were two of the three persons he saw shooting at him during the first phase of the incident.
Richards was sentenced to 12 years for Manslaughter.
Chief Justice Rawlins said that he hoped it was the last adjournment for the matters and that other arrangements could be made, as they would proceed come what may.
