Evans’ acquittal to be challenged at Privy Council
The Department of Public Prosecutions was yesterday granted permission to challenge the release of murder convict Clinton “Russ” Evans at the Privy Council.
The local appellate court on January 24 allowed Evans’ appeal against murder and attempted murder convictions.
The majority of the appellate tribunal ruled against ordering a third trial for Evans for the 1999 murder of DC Jimmy Ambrose and the attempted murder of security officer Marcian Scott, outside the now-closed Club Rock Disco.
Deputy Director of Public Prosecutions Neil Brathwaite said the case raised an issue of general public importance: “How judges should exercise their discretion to admit reports when the makers are unavailable for cross-examination.”
Evans’ lawyer, Ramona Farquharson-Seymour, opposed the application for leave. 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 disagreed with the decision by Sir Michael and Milton Evans not to order a retrial for Evans, who, on the evidence produced at all three trials, was found with a gun that was linked to the scene.
The panel dismissed the appeals of Evans’ co-accused Stephen “Die’ Stubbs and Andrew “Yogi” Davis.