The Crown’s appeal against a judge’s refusal to admit a statement from a dead witness, whose testimony was necessary to prove a murder abetment charge, was delayed again yesterday.
After waiting for more than two hours for the arrival of Stephen “Die” Stubbs from the Bahamas Department of Correctional Services, Court of Appeal President Sir Hartman Longley adjourned the matter.
Stubbs and Giovanni Roberts, who jumped bail before his trial, were acquitted of abetting the 2011 murders of Gamacio Jones and Clayton Smith because the trial judge did not allow the statement of a dead witness into evidence.
Jones and Smith were murdered in a car through Roland Avenue in Ridgeland Park.
Prosecutors had based their case on the statement of an anonymous witness, who was murdered before the trial began.
Neither Stubbs nor Roberts was present for the hearing before Sir Hartman and Justices of Appeal Roy Jones and Sir Michael Barnett (acting).
Stubbs was sentenced to life imprisonment in 2013 for the 1999 murder of an off-duty policeman in a third trial.
The Privy Council recently ordered his appeal re-heard after agreeing that Justice of Appeal Jon Isaacs should not have sat on the appeal, as he had presided over a second trial.
Stubbs’ lawyer, Murrio Ducille, suggested that Jones, who presided over the cop killing case, not form part of the panel in the government’s appeal against acquittal “out of an abundance of caution”.
The appeal was adjourned last month at the request the prosecution.
Wayne Munroe, QC, and Ryszard Humes, appear for Roberts in his absence.