The National Newspaper of St. Vincent and the Grenadines
FRIDAY,
OCTOBER 4, 2013
Carlyle Dougan Q.C. flew in the face of his colleague defence lawyer.
Colin Williams, DPP, was adamant that Thomas had no legal foundation on which to lodge an oral appeal during the hearing.
VOLUME 107, No.40
EC$1.50
by HAYDN HUGGINS CARLYLE DOUGAN Q.C. may have surprised some persons at the Appeal Court on Monday when he declared that he was in agreement with Director of Public Prosecutions (DPP) Colin Williams for resisting an application by attorney Jomo Thomas in a matter in which both defence lawyers are involved. Dougan and Thomas have appealed the convictions in the case in which Che Bute and Azari Ash, both of Redemption Sharpes were sentenced to life imprisonment July 2012 after being convicted of the December 25, 2007 murder of Redemption Sharpes resident Lloyd ‘Larzarous’ Samuel also known as ‘Lazo’ or ‘Hawkie’. Samuel was shot in the head while reversing his vehicle at his home around 1:15 am. December 21, 2007. He died at the Milton Cato Memorial Hospital, December 25 that year, never regaining consciousness. Dougan, representing Ash, appealed on 13 grounds against conviction, while Thomas, representing Bute, had initially appealed on 15 grounds against conviction. The substantive appeal was scheduled for Monday afternoon after an application by the appellants to have fresh evidence admitted was dismissed by the Appeal Court earlier that day. The lawyers had sought to have the sworn affidavits of Maurice ‘Gamoon’ Clifton, who resides in Canada, and star witness Uroy ‘Laybay’ Robertson (deceased) used at the appeal hearing, Appeal judges Davidson Baptiste, Louise Blenman and Don Mitchel ruled that there was no statutory authority to allow the admittance of that type of evidence.
Thomas’ application turned down
Defence lawyer Jomo Thomas had his application for the submission of new evidence overruled.
www.thevincentian.com
When the substantive appeal was called, Thomas made an oral application for leave to amend the grounds of appeal to include an appeal against sentence. But the DPP rebutted, “The crown would resist that application.” Williams expressed the view that such an application should not be allowed at that stage. He pointed out that the matter had come up on several occasions, and Thomas had ample opportunity to include an appeal against sentence. Dougan told the Court that, while he did not often agree with the DPP, he agreed with him for resisting Thomas’ oral application to amend the grounds of appeal, to include an appeal against sentence. Dougan expressed confidence that he (Dougan) would succeed on all 13 grounds he filed against conviction on behalf of his client, and indicated that he had no interest in including an appeal against sentence. Dougan’s grounds of appeal are similar to Thomas’ first 13 grounds. Continued on Page 3.
(L-R): Azari Ash and Che Bute remain centre stage as they fight to have their convictions for murder overturned.