Police officers of the BVI, Wendell Anthony, a Vincentian and Marvin Robinson, a Dominican, lost their appeal when judges upheld their conviction in relation to the beating and head-butting of now deceased teenager, Brandon George at his Huntums Ghut home in June 2012.
The ruling came in the Court of Appeal hearing on Wednesday, November 23, 2016.
The court refuted several grounds of their application, which noted that the evidence of Brandon George was not admissible, in addition to their argument that the evidence in the matter of what was said by the mother, should have been excluded from the case under the Hear Say Rule.
The Court of Appeal judges in handing down their decision, stated that the evidence of the victim was indeed admissible, and added that there were no objections from the attorney of the defendants for the witness statement not to be tendered as evidence.
The court also highlighted that the evidence of the mother was not admitted as truth of the incident, but rather, because it was said, and to note the seriousness and injustice of the matter.
Following a trial in October 2014, officers Wendell Anthony, 36, also known as ‘Food’, a native of St. Vincent and Marvin Robinson, 32, a native of Dominica, were found guilty of assault occasioning actual bodily harm by former Magistrate Dr. Velon John. The officers were fined $2,000 each or in default, spend two years in prison.
The incident occurred months before Brandon George, 18, died in an accident in September 2012 when the scooter he was riding collided with a truck.
Jamaican Attorney-at-Law, Hugh Wildman appeared for the men during the Court of Appeal hearing, which was held in January of this year, where he had charged that the trial Magistrate, Dr. John erred in law by not demonstrating that he applied the relevant legal principles when arriving at his guilty verdict, and that the men were not given a fair trial.
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