Peart (Shabadine) v R

• Jurisdiction: Jamaica
• Judge: McCALLA, J. A.
• Judgment Date: 11 April 2008
• Neutral Citation: JM 2008 CA 23
• Judgment citation (vLex): [2008] 4 JJC 1103
• Court: Court of Appeal (Jamaica)
• Date: 11 April 2008

IN THE COURT OF APPEAL

BEFORE:

THE HON. MR. JUSTICE HARRISON, P THE HON. MR. JUSTICE COOKE, J.A THE HON. MRS. JUSTICE MCCALLA, J.A

SHABADINE PEART

V

R

Miss Nancy Anderson, for the appellant

Mrs. Simone Wolfe-Reece, Assistant Director Public Prosecutions (Acting), Miss Sanchia Burrell Crown Counsel, (Acting), Ms. Tanya Spence, Crown Counsel (Acting), for the Crown.

MURDER - Death penalty - Defence of alibi - Matter rebutted from Privy Council - Order for re-trial

McCALLA, J. A.

1 This matter has been referred to this Court by the Judicial Committee of the Privy Council. Having heard arguments in the matter on December 14, 2006, the Board concluded as follows:

"Their Lordships do this day agree humbly to report to Your Majesty as their opinion that the appellants appeal should be allowed, the conviction quashed and the matter remitted to the Court of Appeal of Jamaica to determine whether a retrial should be held."

2 On April 16, 2007 we heard submissions from both sides in relation to the sole issue as to whether or not a retrial should be ordered. We concluded that in the interest of justice, a new trial ought to be held and made an order for the appellant to be retried. These are our written reasons, as promised.

3 The appellant was convicted on July 10, 2000 in the Home Circuit Court of the murder of Delroy Parchment on May 14, 1999 and sentenced to death.

4 On December 19, 2003 his appeal to this Court was dismissed and his conviction and sentence affirmed and on October 28, 2005, he was re-sentenced to life imprisonment with a stipulation that he should serve 30 years imprisonment before becoming eligible for parole.

5 This was in accordance with the decision of the Board in the case of Lambert Watson v the Queen [2005] 1 A.C. 472 which held that the mandatory sentence of death was unconstitutional. In light of our decision to order a re-trial our reference to the evidence which grounded the charge against the appellant will be briefly stated.

6 The deceased was a security guard who had been issued with a firearm and ammunition to carry out his duties. He was walking home from work on the night of May 14, 1999 when he was shot and killed. At the trial a witness testified that after hearing two gunshots he ran to the scene and observed a motor cycle with the rider and a passenger leaving the scene. As they passed him, he heard one of them say "me bun the boy". His observation of the deceased revealed that his gun was missing. The cause of death was a gunshot wound.

7 The evidence of the main prosecution witness was that she had seen the appellant and another man in her yard with firearms...