Appeal Court quashes sentence of man who served almost entire time waiting for appeal to be heard
Human rights lobby groups, Jamaicans for Justice and Stand Up for Jamaica have welcomed the decision of the Court of Appeal, to quash the conviction and sentence of Brian Russell.
The court’s decision was handed down on Monday, July 31, and the written decision will be issued at a later date.
Russell had argued that the trial judge made errors in admitting and relying on inadmissible evidence and in her legal summation on identification evidence.
He also argued that his fundamental rights under the constitution were violated due to the inordinate delay in the hearing of his appeal.
As part of a collaborative project involving Stand up for Jamaica, Jamaicans for Justice and the public law chambers, which includes Terrence Williams, efforts are being made to assist appellants whose appeals have suffered prolonged delays.
Mr. Williams said Russell was sentenced in 2015, to serve 11 years imprisonment upon conviction for firearm and robbery offences.
It took 8 years for Russell’s appeal to be heard.
Mr. Williams said the judgement delivered by the Court of Appeal has underscored the importance of justice reform, in ensuring that a person’s constitutional right to an appeal is upheld.