Nassau-The Court of Appeal on May 15 refused to disturb the attempted murder, armed robbery and burglary convictions of Omar Miller.
Miller is serving 25 years in prison for the attempted murder of businessman Anthawn Simms during an armed robbery and home-invasion in 2016.
However, Simms was murdered on January 7, 2018 before he could testify in Miller’s trial in July.
Notwithstanding this, the jury heard from Simms from beyond the grave. The judge allowed Simms’ statement into evidence.
At the appeal, defence lawyer Murrio Ducille argued that the judge was wrong to allow the statement.
Additionally, he submitted that Miller did not have a case to answer and the jury’s verdict was unreasonable.
Justices of Appeal Jon Isaacs, Stella Crane-Scott and Milton Evans said, “We harbour no lurking doubt about the correctness of the jury’s verdicts or that any injustice has been done.”
Strong case
The three-judge panel said the prosecution had produced a strong circumstantial case against Miller.
The jury found that Miller was among three men who forced Simms into his home at Ludford Avenue in Freeport, Grand Bahama on March 23, 2016.
The men dressed in camouflage robbed Simms and his girlfriend Dhiamia Newton of cash, a Rolex watch, a Michael Kors watch, a pair of Cartier earrings, and a brown MCM backpack.
The men bound Simms’ hands with a white tie strap. However, Simms freed himself and fought the robbers. They shot Simms and fled in his black Chevrolet Colorado truck.
Police pursued the stolen truck. Miller stopped the vehicle in the area of Churchill and Midshipman Road. Miller wore camouflage clothing and exited the truck carrying a firearm and brown bag. The officers shot at Miller after he allegedly pointed a gun at them. Miller ran into bushes. The officers arrested Miller and an ambulance took him to hospital for treatment of a gunshot wound to his hand.
During a search of the bushes, police recovered the MCM bag, which contained $6,964, a pistol, a ski mask and a white tie strap. The strap was similar to the one left at Simms’ home. A firearms expert said the recovered pistol shot Simms.
