Court of Appeal dismisses appeal of two dead convicts in massacre case; Resentences two others

Court of Appeal dismisses appeal of two dead convicts in massacre case; Resentences two others

The Court of Appeal this morning, threw out the appeal filed by Bartica Massacre convicts Mark Royden Willams and Dennis Willams, ruling that the Court has no such jurisdiction to entertain the appeals since both men have since died.

Justice of Appeal Jo-ann Barlow read the decision of the Court. The other two Justices of Appeal who heard the case were Justice Rishi Persaud and Justice Dawn Gregory.

The Court ruled that there is no legislative provision that caters for such appeals after the death of those accused, although they could have been considered in other circumstances.

This case however, the Court found, does not reach that threshold, and as a result the two appeals were dismissed.

The Attorneys for the two convicts had filed appeals in an effort to clear their names.

As it relates to another convict, Michael Caeser, who had been found guilty of manslaughter, the CCJ dealt with the question of resentencing for both the Lusignan and Bartica Massacres.

The Court found that the determining sentence imposed for manslaughter of 75 years in jail, exceeded life imprisonment and noted that while harsh penalties were needed in the circumstance, such penalties must fall within the legislative provisions. 

As a result, the Court set aside the 75-year sentence and resentenced him to life in prison with the possibility of parole after serving 38-years in jail for the Bartica massacre and life in prison with the possibility for parole after serving 40-years in jail for the Lusignan massacre.

Eight years will be deducted for time already spent on remand.

The Court also imposed life imprisonment on Clebert Reece, with his period for eligibility for parole set at 26 years, due his efforts at reforming while in prison.

His 34 years sentence was reduced by eight years for time spent on remand.

Mark Royden Willams, Dennis Willams, Clebert Reece and Michael Caesar were all convicted between 2016 and February 2O17 for the death of 12 persons killed in the 2008 Bartica Massacre.

The DPP had argued and maintained that it was a waste of State resources and judicial time to go ahead with the appeals given the death of two of the convicts and the gravity of the case.

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