Man spends four extra years in jail awaiting appeal

By Theron Boodan

A MAN spent over four extra  years in jail awaiting his appeal which was not filed on time, the Court of Appeal heard on Friday. 
When Lennox Jones’ magisterial appeal finally came up before Justice Wendell Kangaloo (President) and Justice Stanley John, his attorney Lennox Sankersingh asked the court to revisit its earlier decision on the late filing of appeals by prisoners. Several late appeals had been filed through no fault of the prisoners because of the way the law is structured. The court ruled that it cannot hear these appeals.
Sankersingh noted that the mere fact that a prisoner had been denied his right of appeal was a grave  injustice, and suggested that the court revisit its ruling and re-address the issue.
Justice Kangaloo explained that the court was  bound by its previous decision and must comply with stare decisis (a binding decision by a higher court). 
The court observed that since Jones had no appeal pending, his sentence had started from date of conviction and as a result, he had more than served his prison term.
The State was represented by Deputy DPP Carla Brown Antoine.
Jones was arrested on December 20, 1995, after the police seized five rounds of ammunition, a teargas grenade and a firearm, at his Caledonia, Morvant home. He was found guilty and sentenced on October 7, 1996,  to 12 months for teargas possession, 18 months for ammunition and 36 months for the firearm, by Magistrate Ramraj Harripersad. These sentences were to run concurrently, so Jones would have to only serve the 36 months, which in prison years would total two calendar years.
Jones was supposed to have been released on October 7, 1998, but because he filed an appeal, he remained in custody until 2003. 
On the date of conviction and sentence, Jones signed the notice of appeal, but it was not taken before the Clerk of the Peace until October 25, 1996.