Barbara Gayle, Staff Reporter
IN THE interest of justice, the Court of Appeal has ordered a retrial for Paul Murphy, 29, shopkeeper of Seaforth, St. Thomas, who was convicted of double murder because he was not given the opportunity to call a defence witness.
Murphy complained that his relatives had informed his lawyer, Earl Wright (now deceased), that there was a policeman who could support his alibi that he did not commit the offence.
Wright did not take steps to call the policeman and Murphy applied to the Court of Appeal last week to call fresh evidence and was successful in his application.
SHOTS FIRED
Constable Junior Brown attached to the St. Ann's Bay Police Station testified last week Friday in the Court of Appeal that he was in Murphy's shop about 9:30 p.m. on September 16, 1999 waiting on a friend when he heard shots being fired about 100 yards in the direction of a gas station.
He said at the time Murphy was in the shop. He said Wright had called him once and he told Wright that he would have to get permission from the commissioner of police for him to testify. He said he made several attempts after that to get in touch with Wright but was not successful.
Murphy was arrested and charged after he was pointed out at an identification parade as one of the two men who held up a gas station at Seaforth about 9:30 p.m. on September 16, 1999 and shot and killed two employees.
He was tried in the Home Circuit Court in July 2002 and convicted of the murder of Mark Brown and Damion Archer. Murphy was sentenced to hang. Kemar Williams, who was charged jointly with him, was freed by the jury.
Constable Brown was cross-examined last week Friday by Paula Llewellyn, senior deputy director of public prosecutions, and Tanya Burke, Crown Counsel.
Ms. Llewellyn submitted that the interest of justice dictated that if the court found that the evidence of the policeman was fresh evidence and possibly capable of belief and could raise possible doubt, then a retrial should be ordered. She argued that Constable Brown's evidence was possibly capable of belief.
The Court of Appeal, comprising Justice Paul Harrison, Justice Seymour Panton and Justice Zaila McCalla, reserved its decision until Tuesday. The court said it agreed with Ms. Llewellyn that the fresh evidence of the policeman was possibly capable of belief.
