The Eastern Caribbean Court of Appeal has dismissed an appeal by Everton Welch, closing a case linked to the 1993 killing of Rolston Samuel.
The Gray’s Farm resident had challenged his sentence for the 1993 murder of Rolston Samuel, the country’s Comptroller of Customs at the time. But in its latest ruling, the appellate court dismissed his appeal, bringing finality to a case that has spanned more than 30 years.
Samuel was found dead at his Friars Hill home on January 8, 1993, having suffered severe injuries, including multiple blows consistent with a heavy object. His killing sent shockwaves across the country and led to a closely watched trial the following year.
In June 1994, a jury convicted Welch of murder after brief deliberations. The case was prosecuted by then Director of Public Prosecutions Maurice James, while Welch was represented by attorney Harold Lovell. Although convicted, Welch avoided the harshest penalty because he was 17 at the time of the crime and was instead ordered detained at Her Majesty’s pleasure.
Years later, Welch mounted a constitutional challenge, arguing that his rights were breached when he was not present for the formal delivery of his sentence in May 2015. The court accepted that he had not been properly notified of that hearing and criticised his legal representation for failing to inform the judge or seek a delay.
However, the judges found that this procedural flaw did not undermine the fairness of the overall process. They noted that all substantive sentencing arguments had already been heard with Welch present prior to the ruling, and that his attorney’s presence during the judgment was sufficient to safeguard his interests.
With that distinction, the court dismissed the appeal and made no order as to costs. Welch has already served his sentence and was released several years ago.
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Lovell don’t seem to be good at winning lol….I don’t remember this case since I was only 7yrs old in 93 but I am sure he had a mountain of evidence against him….Being in the pen since age 17 I believe dude is about 50/51 now all those years thrown away for extremely horrible decision and getting caught… I guess this is the fate that awaits the Nigel Christian accused if found guilty….