By Barbara Gayle, Staff ReporterFOUR MEN have lost their appeal against their convictions for the murder of Lancelot Todd, a labourer of a Kingston address who was shot and killed on Barry Street, downtown Kingston, on the afternoon of December 30, 1996.
Omar Greaves, Paul Larmond, Maurice Hanse and Troy Peterkin, labourers of Kingston addresses, were convicted on June 20, 2002 of Todd's murder. They were each sentenced to life imprisonment and ordered to serve 16, 18, 20 and 16 years respectively before becoming eligible for parole.
The prosecution's case was that between 2:30 p.m. and 3 p.m. on December 30, 1996, Todd was shot and killed on Barry Street, a short distance from the Gold Street Police Station. A witness testified at the trial in the Home Circuit Court that he was standing at the corner of Higholborn Street and Barry Street when Todd spoke to him and continued on his way. He then saw six men, all armed with guns, coming from Foster Lane. Hanse also called 'Gummy' was one of the six men. Hanse ran towards Todd and fired one shot from a submachine gun, hitting Todd in the back of the head. The other men also opened fire at Todd and as Todd fell they all ran off.
WITNESS
The witness said he also recognised Larmond, also called 'Buddy Roy', Peterkin otherwise called 'Dubba', and Grieves also known as 'Silly Bread' among the group of men who all fired shots at Todd. He said he knew the four men for a number of years.
A policeman said he was at the Gold Street Police Station when he heard explosions. He came out of the station and saw Peterkin, Grieves and Hanse firing shots at Todd. The policeman said the men fired in his direction and ran up Foster Lane.
The men, in their defence, denied killing Todd. One of the appellants called a witness who testified at the trial that she was present on the scene and it was a lone gunman who fired a shot hitting Todd in the back of the neck.
The men appealed on the ground that the identification evidence was weak. It was argued that the judge failed to warn the jury on the dangers of relying on the identification evidence because the defence had challenged the evidence on the ground that the witnesses for the Crown arrived on the scene after the shooting. The men also contended on appeal that the judge erred in allowing into evidence the statement of a co-accused and that statement was highly prejudicial to one of the appellants. They said the judge failed to direct the jury how to treat the inconsistencies, discrepancies and contradictions in the evidence given by the witnesses for the Crown.
ISSUE OF CREDIBILITY
Donald Bryan, Crown Counsel, argued that the case against the appellants turned on the issue of credibility. He submitted that the evidence given by the Crown witnesses that they knew the appellants and had recognised them on the scene was never challenged at the trial.
The Court of Appeal, comprising Justice Paul Harrison, Justice Clarence Walker and Justice Howard Cooke, heard the appeal. Justice Cooke dissented saying he would order a new trial.
In its majority decision, the court said "We have given very anxious consideration to the conflicts that arose on the evidence. Those conflicts not withstanding, the weight of the evidence shows that the appellants were all present and actively participated in the murder of Lancelot Todd." The court said nothing had been argued which would warrant the court's interference with the conviction of any of the appellants.
The sentences are to commence on September 20, 2002, the court ordered.
