R v Grant (Donovan), Munroe (Winston), Brown (Derron)

• Jurisdiction: Jamaica
• Court: Court of Appeal (Jamaica)
• Judge: COOKE, J.A.:
• Judgment Date: 30 July 2004
• Neutral Citation: JM 2004 CA 26
• Judgment citation (vLex): [2004] 7 JJC 3006
• Date: 30 July 2004

IN THE COURT OF APPEAL

BEFORE:

THE HON. MR. JUSTICE DOWNER, J.A THE HON. MR. JUSTICE PANTON, J.A THE HON. MR. JUSTICE COOKE, J.A

R.

V.

DONOVAN GRANT

WINSTON MUNROE

DERRON BROWN

Shawn Steadman for Donovan Grant

Ian Wilkinson for Winston Munroe

Philip Dayle for Derron Brown

Jeniece Nelson-Brown for the Crown

CRIMINAL LAW - Murder - Insifficient evidence

COOKE, J.A.:

1 On the 18 ^th January, 1999, Trevor Salmon was murdered - a fatal bullet ended his life. At about 9:30 p.m. on that night three men entered the bar and restaurant of Mrs. Kathleen Godfrey on Nomprel Road, in Negril. They ordered drinks. A fourth person came into the bar and ordered a beer, paid for it and left. On leaving, this person called to one of the three persons who had earlier gone into the establishment. Those three men were not patrons of the bar who wished to quench their thirst. They were on a criminal mission. Two were armed with firearms and the other with a knife. Present at the scene were Kathleen Godfrey and the Anglin brothers: Carvin, Germaine and Carson. The deceased was in the kitchen on the building. Clarence Godfrey, Kathleen's husband was in his room. After the three men secured their drinks the criminal plan began to unfold. Weapons were brandished. The Anglin brothers were put to lie in prone positions. Kathleen Godfrey was accosted. Apparently they knew of her recent "partner draw". She was man-handled and taken to a room at the back. From her was taken some $30,000. One of the men went into Clarence Godfrey's room and took from him about $4,000. The deceased was encountered in the kitchen. Despite his pleas, he was forcibly brought into the bar area, where the Anglin brothers were under guard. It was there he was shot in the head. The appellants, Grant, Munroe and Brown, were found guilty of the murder of the deceased.

2 The prosecution's case was that Munroe and Brown were two of the three persons who entered the bar. Grant is the person earlier described as the fourth person. All have now appealed against their convictions. At the hearing of the appeal counsel for the prosecution readily conceded she was unable to resist the challenge of Grant and Munroe. Counsel for Munroe felt unable to impugn the correctness of that conviction.

3 The appeal of Donovan Grant

4 Although a number of grounds of appeal were filed on behalf of this appellant there was no real debate as counsel for the prosecution conceded that there was an insufficiency of evidence to link him with the criminal activity which took place at Kathleen Godfrey's bar and restaurant on the night of the 18 ^th January, 1999. Two of the Anglin brothers, Carvin and Carson gave evidence to the effect that after the three men had entered the bar, the appellant entered "shortly" after. He enquired it they were Jah D's sons to which there was an affirmative reply. He then ordered a beer and went outside. The appellant further called to one of the three men and spoke to him. Germaine's evidence is somewhat different. He said all four men came in together and ordered beers. The appellant went outside and returned. Then the appellant went outside and spoke with one of the men and immediately returned. That was the totality of the evidence as it pertained to the appellant. The question now arises whether on either version it could be said that a prima facie case had been made out as regards the appellant's participation in the murder of the deceased. In the written submissions on behalf of the appellant it was stated that:

"There is no evidence that the First Applicant...