NASSAU-The Privy Council this week continues hearing the appeals of convicted cop killers Stephen “Die” Stubbs and Andrew “Yogi” Davis, accused of gunning down Constable Jimmy Ambrose outside the now-closed Club Rock Disco in 1999.
Meanwhile, prosecutors have appealed the Court of Appeal’s decision to acquit Clinton “Russ’ Evans of the murder on appeal in 2019. They want the Privy Council to either restore the conviction or order a new trial.
After a third trial in 2013, jurors convicted Stubbs, Davis, and Evans of the March 29, 1999 murder of Constable Ambrose and the attempted murder of Marcian Scott. Prosecutors said the incident stemmed from a feud between rival gangs inside the club.
The dispute allegedly spilled outside and the men allegedly grabbed Mr. Ambrose and threw him on the ground. They allegedly kicked and stomped Mr. Ambrose before they shot him and fired at Mr. Scott.
During arguments last week, lawyers for Stubbs and Davis contended that the jury heard wrongly admitted evidence.
They argued the trial judge erred by permitting witness Jonathan Campbell to identify Davis in court.
Campbell attended an identification parade and testified that he identified Stubbs and Davis. However, the inspector who oversaw the exercise said Campbell only identified Davis.
Despite this discrepancy, the trial judge allowed Campbell to point out Stubbs in court.
The defence contended that jurors also heard prejudicial evidence when the jury heard Mr. Scott’s unedited deposition.
Mr. Scott died before the trial. However, he had testified at a preliminary inquiry.
Davis did not have a lawyer at the first hearing. As he cross-examined Mr. Scott, Davis mentioned a previous gun arrest and a charge of threats of death.
Additionally, lawyers said the Court of Appeal should have considered that Mr. Scott lied about being a policeman at the time of the incident. According to records from the National Insurance Board (NIB), Mr. Scott had already quit the force.
Ballistics Report
The Court of Appeal acquitted Evans after finding that the ballistics expert who linked recovered guns to the crime scene should have been called to testify.
Instead, the trial judge allowed his findings read into the record, depriving the defence of a chance of challenge his evidence.
Despite the Court of Appeal’s ruling regarding the effect of the ballistics reports on Evans’ conviction, the Court did not make the same finding in respect to Stubbs and Davis.
The hearing continues today.
