BASSETERRE, St. Kitts – GLENVILLE ISLES of Upper Market Street, who was given a 20-year sentence with hard labour, had his attempted murder conviction quashed today (Jun. 4) by the Eastern Caribbean Court of Appeal and the Justices of Appeal have ordered that he be retried.
Isles was unanimously convicted by a 12-member jury on November 23, 2011 for shooting Fleurette Williams in her mouth during the early hours of Monday, December 27, 2010 in her Lower Monkey Hill home.
Represented by Dr. Henry Browne QC, Isles appeared before the Appellate Court in Basseterre, where it was argued that when he was being tried, the judge failed to give the jury direction on his alibi evidence.
Browne told the Justices of Appeal that the trial and conviction of Isles, who was unrepresented, "bordered on a disaster".
Counsel also referenced Isles' alibi testimony provided by Jamila Finch, which indicated that he was dropping off some individuals at the Deep Water Port during the time that the dastardly act was committed.
The testimony also indicated that it was J’Ouvert Morning and, at the time of the crime, the appellant was either engaged in the jam session or transporting Finch to the Deep Water Port.
Browne said Isles’ appeal was also based on the fact that the evidence provided during the case is inconsistent and unsubstantial to his conviction.
He spoke specifically of the identification evidence, explaining that of the 10 witnesses who gave evidence on behalf of the prosecution, only one, Williams, said they saw Isles at the scene on the night of the incident.
Dr. Browne argued that the judge failed to caution the jury on this evidence and maintained that it was insufficient and not compelling.
In response, Director of Public Prosecution Travers Sinanan urged the Justices of Appeal to order a retrial on the matter, stating that Isles has to prove his alibi.
The Justices of Appeal agreed with Dr. Browne's arguments pertaining to the non-use of alibi evidence and labelled it a miscarriage of justice.
They also labelled the trial judge's failure to caution the jury on the identification laws a miscarriage of justice.
They then ordered that a retrial take place.
Dr. Browne however disagreed with the decision indicating that a retrial is unwarranted especially since the Prosecution’s evidence was weak.
The Justices however indicated that the seriousness of the crime and the length of the trial warranted that a retrial must occur.
They also ordered that Isles remains remanded and file a bail application if he so desires.
Sinanan also indicated that he would have the matter heard in the next criminal assizes.
