‘Demon’ killer loses appeal

Marcus Jason Daniel, who is kept in death row, has one final appeal to the Judicial Committee of the Privy Council in London.

The Court of Appeal comprising acting Chief Justice Roger Hamel-Smith, Justice Stanley John, and Justice Paula Mae-Weekes, dismissed Daniel’s appeal in a 13-page judgment. Assistant Director of Public Prosecutions Roger Gaspard appeared for the State, while Bindra Dolsingh and John Heath represented Daniel.

Daniel was sentenced to death on December 14, 2005 for the murder of his cousin Suzette Gibson at Blue Basin, Diego Martin, on January 23, 2002. The prosecution’s case was that Gibson left her parents’ home to attend dance class, but she never returned. Alvin Gibson, father of the girl, went in search of his daughter. During the search, he met Daniel who informed him that he (Daniel) had seen her earlier that day.

Daniel’s hand was bandaged and when asked what had happened, he said a man had attacked him in a telephone booth. He said he did not know the attacker and he did not report the incident to the police.

The following day, Alvin Gibson, Daniel and two other persons went to the West End Police Station following which the police took Daniel to Blue Basin. During the visit, another man directed the police to an area where they found Suzette’s body.

They then went to Brunton Road, Diego Martin, where the police recovered two knives. Sometime later, the accused dictated a statement to the police in the presence of the Justice of the Peace. In the statement, Daniel admitted slitting the throat of his cousin and stabbing her. He attributed those acts to a demon which arose inside his head after he had indulged in drugs and alcohol and had listened to heavy rock music. He also identified one of the knives as the weapon he used to kill the girl.

At the trial, Daniel admitted killing the girl, but was remorseful. He said he did not intend to kill Suzette and attributed the incident to the demon in his head.

Under cross-examination, he did not realise that he was stabbing the girl. He said he only mentioned the knife in his statement after the police told him they found the girl with her throat slit.

Dolsingh argued five grounds of appeal, but they were rejected by the court, according to the judgment of Justice John. The court found that the trial judge had properly summed up the case to the jury.