The alleged killer of businessman Kurt McCartney sought bail yesterday, one month after the Court of Appeal quashed his conviction and ordered a retrial.
Lawyers for Thorne Edwards argued over whether he should be released pending a retrial for the 2013 incident. No date has been set for the second trial, although the appellate court urged that it should occur as soon as possible.
Crown counsel Terry Archer opposed his release and his lawyer, Terrel Butler, argued in favor of it.
Justice Renae McKay has reserved judgment on the matter and is expected to deliver her decision on November 22.
Edwards, 28, was convicted in 2015 of the October 24, 2013 murder of McCartney, who was shot and robbed of his Hummer sport utility vehicle and then rolled over, as the assailant fled the scene.
Last month, the Court of Appeal ruled that the trial judge was wrong to allow an anonymous witness, code named AB, to give his evidence out of the view of the jury and the court.
The Court of Appeal ruled, “In the circumstances of this case we find that the learned trial judge fell into error when he permitted the witness AB to give evidence while fully screened.
“The members of the jury were deprived of the opportunity to observe his demeanor so as to assist with their assessment of his credibility. In this case where the case against the appellant turned on the evidence of AB this was crucial.
“In the absence of any other evidence against the appellant the credibility of AB was the main issue to be determined by the jury.”
Following the first trial, Edwards was sentenced to 45 years for murder and 20 years for armed robbery.
He has been detained at the Bahamas Department of Correctional Services since he was charged with the offenses in November 2013.