Appeal court throws out murder conviction

A CONVICTION of murder against a teenager was yesterday quashed by the Court of Appeal as a result of inconsistencies in the evidence of a Justice of the Peace during the trial, and the misdirection of the trial judge. The Court of Appeal also ordered that there be no retrial. Rown Campbell, 18, of no fixed place of abode, was found guilty of murder on February 15 2002, at the San Fernando Second Criminal Court before Justice Melville Baird. Campbell and another man had allegedly killed a man at Paradise Cemetery in San Fernando sometime between May 1 and 2, 1999. 

When the appeal came up before Chief Justice Satnarine Sharma and Justices Lionel Jones and Stanley John at the Court of Appeal yesterday, the court ruled that the conviction be quashed and ordered that there be no retrial. Campbell was represented by attorney Dana Seetahal and attorney Devan Rampersad represented the State. The evidence given by Justice of the Peace Kelly Maharaj, the court said, was rife with admitted conflicts and inconsistencies on significant issues, with which Baird was seemingly satisfied. In addition, the court said, Baird’s ruling on the voir dire was misdirected because it showed no attempt to analyse the evidence, especially that of the police officers. Instead, the court said, the judge attested to his acceptance of the prosecution’s case based on the impressions created by the way in which the witnesses gave their evidence.

What was of great concern to the court, Sharma said, was the fact that the judge in a tribunal did not properly exercise his discretion in admitting a written cautionary statement into evidence when the inconsistencies were so glaring. During the trial, the prosecution had relied on the cautionary statement, several oral statements made by Campbell, and his fingerprint on a bottle of Vaseline. During cross-examination by Campbell’s attorney, some of the evidence given by the JP at the Magistrates’ Court during the preliminary inquiry was found to be conflicting with evidence given at the High Court.

Campbell’s defence was one of alibi. In his evidence, Campbell said he had met the co-accused at Johnstone Street in San Fernando on the day in question, and they “limed” with other friends until 11 pm. He said he saw the co-accused about half an hour later, they spoke briefly and then went their separate ways. The following day, Campbell had said, the police came to his workplace and took him to the office of the San Fernando Homicide Division, where he was asked to give details of his whereabouts the day before. He was subsequently charged with murder.