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Appeal Court overturns conviction in triple killing

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NASSAU- A man jailed for the revenge killings of three people has been freed on appeal.

Shawn Knowles was jailed for 18 years for manslaughter in the July 30, 2011 shooting deaths of Edward Braynen, Chackara Rahming and Erica Ward, who was eight months pregnant.

Prosecutors contended that Knowles committed the crimes as payback for the July 12, 2011 murders of Kevin Forbes, Knowles’ uncle, and Alwayne Leslie at a Haitian village off Montgomery Avenue.

Ward was pregnant for Serrano Adderley, the 30-year-old man charged with the deaths of Forbes and Leslie.

The day after the murders, Knowles was found with two shotguns. Ballistic testing showed that one of the guns was the murder weapon.

Knowles was also convicted of possession of unlicensed firearms and sentenced to three years’ imprisonment.

Knowles and his co-accused Timmy Saunders were tried for the murders in 2016, but the judge left the alternative charge of manslaughter by provocation for the jury.

The jury voted 8 to 4 guilty on each murder charge. However, a unanimous verdict was required.

On Monday, the Court of Appeal said the judge should have ordered a retrial.

The decision said, “If the jury could not arrive at a true verdict on the murder charge, the jury should have been discharged and a new trial should have taken place. The jury could not consider a manslaughter charge unless it had found the appellant not guilty of murder.”

However, the appellate court also found that there was insufficient evidence to support Knowles’ convictions on either charge.

The court said that Knowles’ recent possession of the murder weapons was not enough to infer that he had committed the crimes.

In Knowles’ statement to police, he said he hid the guns for an unidentified friend.

The court reasoned, “Dealers in illegal firearms are known to rent weapons to other persons. That person may have committed a homicide, but that would not make the dealer guilty of murder.”

As a result, the court said there wasn’t enough evidence to require Knowles to present a defence on the murder chargrs.

The judges also ruled that the judge shouldn’t have left manslaughter as an alternative verdict.

The court quashed the convictions on the firearms offenses after the Court ruled that the Supreme Court had no jurisdiction to hear the charges.

Saunders, Knowles’ co-accused, remains in prison on the same charges after he abandoned his appeals in January.

Man admits hitting woman with shovel

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NASSAU- A man who hit the mother of his child with a shovel during an argument has been sentenced to six months’ probation.

Police arrested Michael Miller on October 28 in reference to the assault that took on September 4 at West Bay Street.

Miller, of Carmichael Road, pleaded guilty to assault with a dangerous instrument at his arraignment before Assistant Chief Magistrate Subusola Swain.

The prosecution did not have any details about the extent of the woman’s injuries.

In mitigation, Miller’s attorney Jomo Campbell said that “some relationships will not survive this lockdown.”

Campbell said that the landscaper and mason was remorseful about the incident.

Magistrate Swain ordered Miller to attend anger management classes during his probation. He’ll face two months in prison for violating his probation.

Additionally, Miller has to pay his victim $500 in compensation to avoid spending 30 days in prison.

Man swings cutlass in row over party

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NASSAU- A row over a noisy party resulted in criminal charges for one man.

Alex Turnquest, of Crooked Island Street, got tired of calling the cops to break up parties thrown by his neighbour who lived upstairs.

According to Turnquest, they resumed their festivities soon after the officers left.

But a frustrated Turnquest went a little too far. He went upstairs to his neighbour’s place while brandishing a cutlass.

After an exchange of words, Turnquest swung his cutlass at woman guest and told her to go home.

The woman reported the terrifying experience to police and they arrested Turnquest for assault with a dangerous instrument.

He pleaded guilty to the charge at his arraignment before Assistant Chief Magistrate Subusola Swain.

Attorney Bandele Lafleur asked the court to impose a conditional discharge.

After confirming that Turnquest didn’t hurt anyone during the cutlass assault, the magistrate sentenced him to six months’ probation and ordered him to attend anger management classes.

If Turnquest breaks the terms of his probation, he faces two months in prison.

Suspect charged after cops find 20 pounds of ganja in home

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A man has been charged after police allegedly found 20 pounds of marijuana inside his home.

Officers from the Drug Enforcement Unit arrested Andrew Cash, 56, on October 30 when they found the drugs during a raid on his home in Mangrove Cay, Andros.

Cash pleaded not guilty to a charge of drug possession with intent to supply at his arraignment before Chief Magistrate Joyann Ferguson-Pratt.

She scheduled his trial for February 19, 2021.

Cash has to seek bail in the Supreme Court since the magistrate lacks jurisdiction to consider bail on the charge.

Privy Council orders new sentence for ‘Die’ Stubbs

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NASSAU- The Privy Council today upheld the convictions of accused cop killers Stephen “Die” Stubbs and Andrew “Yogi” Davis but ordered that they be resentenced.

Meanwhile, the Privy Council rejected the prosecution’s challenge against the acquittal  of their co-accused Clinton “Russ” Evans.

The ruling means that Stubbs will get another chance to seek a reduction of his 45-year sentence for the 1999 murder of DC Jimmy Ambrose.

Davis, who had a myriad of health issues, died at the prison on October 28 after complaining of fever, chills and appetite loss for several days.

The men were sentenced to life imprisonment following their 2013 convictions for the murder.

The Court of Appeal in 2019 upheld those convictions and imposed sentences of 45 years each.

In light of time served, the Court of Appeal held that Stubbs had to serve 35 years from the date of the Court of Appeal judgment, and Davis had to serve 34 years from the date of its judgment.

The prosecution conceded that their sentences should have run from the date of the 2013 convictions.

The Privy Council said a new sentence was necessary as the Court of Appeal did not consider that breach of Stubbs’ and Davis’ constitutional rights.

They were wrongly sentenced to death at their first trial and their right to trial within a reasonable time had been breached by the third trial.

New mom wins wrongful dismissal suit

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NASSAU- A woman fired after she returned from maternity leave has been awarded almost $14,000 after winning a case for unfair dismissal.

Delladian Symonette lost her job as a cook for the Bahamas Correctional Officers Association (BCOA) on March 6, 2017.

When the BCOA prematurely ended her contract, which was due to expire on February 24, 2018,  Symonette received a cheque for $550, representing two weeks’ pay.

Prior to her dismissal, Symonette was granted two weeks’ vacation from November 15 to December 2, 2016.

She was supposed to return to work on December 5, 2016 and begin maternity leave a short time later.

However, Symonette gave birth on November 28, 2016, one week before her vacation was supposed to end.

In its termination letter, the BCOA cited Symonette’s “extended” absence as the reason for her dismissal.

On the other hand, the industrial tribunal ruled the BCOA wrongfully dismissed Symonette and inadequately compensated her. The tribunal awarded Symonette $13,475, which represents the balance of her contract, plus 10 percent interest.

Photos show prison failed to provide Andrew Davis with healthy meals

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NASSAU- Inmate Andrew “Yogi” Davis died hungry for justice on October 28 after the prison refused to provide his recommended diet.

Photos show that the meals provided by the prison went against his dietitian’s orders. Davis, 43, was prescribed a special diet to address a myriad of medical issues.

Prison failed to provide inmate’s recommended diet

But the prison’s kitchen ignored his special diet. Davis’ dietitian directed that food, such as poultry have its skin removed, prior to cooking. He was also to have whole grains with fruits and vegetables.

The prison also failed to provide Davis with three meals daily, plus two snacks. As a result, Davis had to supplement his diet with unhealthy foods from the commissary list.

Since his conviction for murder in 2013, Davis’ family provided the food recommended by the dietitian due to the prison’s limited budget.

But that all stopped in March this year when Prison Commissioner Charles Murphy closed the prison’s gate due to COVID-19.

As Davis’ health began to decline, his family asked Mr. Murphy to allow them to continue to provide his meals.

When they got no response, they contacted attorney Bjorn Ferguson. He was in the process of beginning litigation on Davis’ behalf.

According to the prison’s annual report, the average diet in 2018 lacked fruits and vegetables that are essential for good health. The medical department also complained that special meals often arrived late and were often cold.

Court refuses to reduce sentence of woman who killed boyfriend

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The Court of Appeal did not disturb the 15-year sentence of a woman who fatally stabbed her boyfriend.

Ashley McKenzie, 47, who was originally charged with murder, pleaded guilty to manslaughter in the 2016 death of Andrew Mackey.

She filed an appeal against the sentence, claiming the penalty was too severe. However, the Court of Appeal disagreed and affirmed her sentence.

McKenzie confessed to killing Mackey during a domestic dispute at their apartment in Ida Street.

McKenzie claimed that her boyfriend left their apartment after they had an argument.

When Mackey returned home, she asked him where he’d been.

That’s when Mackey allegedly slapped her. McKenzie, who weighed 240 pounds at the time of the incident, said that she and the 170-pound Mackey “punched it out”.

McKenzie said she tried to end the fight. But Mackey allegedly hit her again before he grabbed her toddler by his throat.

McKenzie said she grabbed a knife from the kitchen and stabbed Mackey seven times.

Ex-cop charged in shooting granted bail

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Jason Anderson, the former police sergeant charged with manslaughter for the October 28 death of Jarvis Burrows, was granted $15,000.

Anderson appeared before a judge for an emergency bail hearing shortly after a magistrate remanded him into custody.

Anderson, 52,, is accused of shooting Burrows in the back in Harts, Exuma. Burrows died while waiting for an air ambulance.

The circumstances surrounding the killing are unclear. However, bystanders have suggested Burrows was shot “for a bag of weed.”

A bystander’s video of the shooting shared on social media sparked national outrage.

Anderson hasn’t yet entered a plea and returns to court on January 18, 2021.

Fired cop charged in shooting death of unarmed man

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NASSAU- The former police officer charged with manslaughter in the shooting death of an unarmed man has denied bail.

Sergeant Jason Anderson, 52, was not on duty when he shot Jarvis Burrows in the back at Harts, Exuma on October 28.

Anderson was fired on Thursday.

He was not required to enter a plea to the manslaughter charge when he appeared before Chief Magistrate Joyann Ferguson-Pratt.

Prosecutors will fast-track the case to the Supreme Court on January 18, 2021 with a voluntary bill of indictment.

Police did not provide the circumstances of the fatal shooting.

However, a video of its aftermath circulated on social media suggested he was shot for a “bag of weed.”

The video showed that Anderson did not seek immediate medical care for the wounded man, as required.

As bystander begged him to take the man to the clinic, Anderson replied, “What car I guh put him in?”

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