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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was poor, and since there was no other evidence which supported its correctness, the learned trial judge…ought to have withdrawn the case from the jury at the end of the case for the prosecution and direct an acquittal.”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.
@Audley Phillip…. So you’re congratulating Alexander (Robinson) and Marsh for “successfully defending their client”? Marshall got off on a technicality because of improper police work, not because he did not actually commit the crime. I trust that this bona fide killer does not return to society and take out any one for you. If it should unfortunately happen, I hope you will still congratulate Robinson and Marsh.
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.
Just wow! It is time for to abolish the present judicial system and establish our own. The colonisers system has fail us. This case means there is another unsolved murder. Murderers are walking among us. Then again probably the colonisers plan to complete wipe us off the face of the map.
The judicial system is not affected by what we think is true. It’s moreso about facts that are supporte or corroborated. If there’s reasonable doubt, one must acquit. No emotions are involved in decision making. The defense doesn’t have to prove anything. It’s prosecution that has the burden of proof.
Three judges decided that the information brought by the prosecution was weak and so, they made it clear that this case cannot be retried. That’s the verdict of the appeals court. Despite our emotional opinions, we must
accept their ruling.
I am not kidding, it is literally time for some agency to criminally charge nearly everyone in the office of the prosecutor and the attorney general’s office (those with authority in these offices). They are literally persecuting, falsely imprisoning, abusing the office, and bringing shame to the country of Antigua and Barbuda). How much more evidence of incompetence do you want to see from ABLP? Front them threatening to kill me on this platform because I speak the truth, to these kinds of outrageous abuse of citizens. That Gitten is highly incompetent. Criminally incompetent. But it is not just her.
Another nice big head waiting to be met by bullets of a gun. He’s going to wanna party, floss and have fun for carnival..He’s going to need money, nobody is going to hire him with his long rap sheet of crime so guess what it’s selling drugs, robbing and stealing again. So start going to church and give your life to Christ maybe they’ll accept you there but you won’t make it back to jail you’ll either disapper or be thrown in a dirt bed..
LOL and this fool Dorian Marshall still go throw weed over the prison wall after this….boy you dunce nf!! The others that got released Jason Millette and Shalom Bailey. soon find themselves in some shit too. Now look at Hezekiah Parker all of you are a bunch of fools..
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