Prosecutors intend to challenge the acquittal of an accused cop killer to the Privy Council.
Deputy Director of Public Prosecutions Neil Brathwaite appeared before the Court of Appeal yesterday seeking leave to appeal the court’s majority decision on January 24 to quash the conviction of Clinton Evans and not order a retrial.
During a third trial on July 25, 2013, Evans was convicted of the murder of Constable Jimmy Ambrose at the now-closed Club Rock Disco, after a fight between two rival gangs continued on the outside. Evans was tried along with Stephen “Die” Stubbs and Andrew “Yogi” Davis, whose convictions were upheld.
Justices of Appeal Sir Michael Barnett and Milton Evans found that Evans’ trial was rendered unfair by the failure of the Crown to call the ballistics expert who linked the firearm Evans allegedly fired at two officers and then stashed in a sand pit. Court of Appeal President Sir Hartman Longley dissented, however.
The court did not hear the application for leave because Evans was not present.
Brathwaite said that Evans had not been located, but Ramona Farquharson-Seymour, who represented him at trial and the appeal, had been served.
However, Farquharson-Seymour said that she had only represented Evans as a Crown brief and her role in the case ended when the decision was rendered.
Farquharson-Seymour said she could respond to the Crown’s application, if she received another appointment.
The matter was adjourned to March 12 to allow both parties a chance to locate Evans.