BASSETERRE, St. Kitts – KASSIM BUCHANAN and Long brothers Eric, Curtis and Jevon were given back their freedom by the Eastern Caribbean Court of Appeal which ruled yesterday (May 20) that their fundamental right to a fair and free trial was breached.

The four young men along with Gavin Warner, were, during the January 2006 Criminal Assizes, convicted of the “wounding with intent” of Devon Hodge of The Alley, Sandy Point. The wounds were inflicted about his face and body.

They were all sentenced to six years imprisonment at Her Majesty’s Prison. It was also ordered that each receive six strokes with a tamarind rod.

Buchanan’s counsel, Anthony Johnson argued simply that the prosecution received a statement during the hearing prior to the close of their case, but failed to have that statement and or the witness produced before the court. He further argued that that statement could have served to completely exonerate his client.

Additionally, he challenged that the trial judge, by not allowing and providing for the statement to be produced in court, “usurped the function of the jury”.

Lawyer Butler’s argument in support of his clients, the Long brothers, adopted arguments presented by Johnson and added that the statement contained evidence which may have nudged the jury to return a verdict in his client’s favour.

Attempts by the respondent, the Director of Public Prosecution (DPP), to convince the court that the function of the jury was not usurped were rejected and the court ruled that there was indeed a “blatant usurpation” of the rights of the appellants to a fair and free trial.

In delivering a decision, Acting Justice of Appeal Davidson Baptiste explained that as part of the fair trial which is fundamentally due to any accused, the prosecution has the duty of disclosing information or evidence pertinent to the case. He said that because this was not done Buchanan and the Long brothers were “clearly prejudiced”. 

Buchanan and the Longs’ convictions were quashed and the sentences were set aside effectively freeing them.

Warner, who represented himself, informed the court that he was adopting the submissions forwarded by Johnson and Butler. Justice Baptiste however explained that the court found no merit in his appeal and both conviction and sentence were affirmed. That part of the sentence which spoke to flogging with a tamarind rod, however, was removed from the sentence.