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SOURCE: ABS– Dorian Marshall has walked free after the Antigua and Barbuda Court of Appeal quashed his murder conviction, set aside his 40 year sentence and ordered that he must not be retried.
Marshall had been convicted and sentenced for the murder of Xavier Thomas on August 18, 2017.
However, the Court of Appeal found there had been major deficiencies in the evidence against Marshall.
The Court said it its ruling, “The quality of the identification evidence was poor, and since there was no other evidence which supported its correctness, the learned trial judge…ought to have withdrawn the case from the jury at the end of the case for the prosecution and direct an acquittal.”
Marshall and two other defendants had been charged for Thomas’ murder.
The jury had convicted Marshall, but failed to arrive at verdicts for the other two defendants.
The appeal was heard last October and the three Justices of Appeal handed down their order on Thursday.
The appellant was represented by Wendel Alexander and Wayne Marsh, while Shannon Jones Gittens represented the Crown.
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Just want to congratulate Attorneys Wendel Alexander and Wayne Marshall for successfully defending their client. In all of this, a family lost a loved one. It really boils down to no one being held responsible and liable for the death of Xavier Thomas and that is a travesty of justice.
This judiciary system sucks
the answer to that question we will never know
Won’t be surprised if there is a reaction cuz whether he did it or no his family an friend done print it in their mines dat he did it now seeing him walk free can trigger all kind of stuff. Let’s hope not
Hope dat will be d end cuz whether he did it or not it’s printed in family an friends of decease he is responsible pray there is no reaction
If he wasn’t the one that fired the gun whose bullet killed Xavier Thomas, then who killed her? May God revenge her death.
Is not who commit the crime is guilty. It is the evidence presented in court that win and dismiss cases. There is nothing wrong with the justice system. Almost 60 percent or more people who are charged and brought before the court are guilty as hell. What makes the difference is the quality of Lawyers you hire to represent you in court. All the Lawyers are looking for is the technicalities in the case and who presented the best evidence in court win.
Was Wendell Alexander the COP or a high ranking officer, at the time of the original investigations, of this murder? If he was, wouldn’t this amount to some form of conflict of interest?
While everyone has the right to ply their trade, it appears as if Wendell Alexander is in a position to defend those cases which he may have had first hand knowledge, of the investigations and is using this to his clients advantage.
Regardless of what happens, most criminals are repeat offenders and police by training do not like to be made, to look like fools.
Lucky guy, you’re out just in time for carnival. Ypu won’t make it back to jail this time though. Keep away from bad company, stop rob and steal.
Boy boy boy. Who would have thought? Jah. The laws ain’t easy. These lawyers know how to use the loop holes in these laws to manipulate the system. Then they gather at bars and knock glasses rejoicing at their wins. Never let the cry of a mother fall upon your heads.