Dorsett & Somersett appealed ’89, latter freed

IN 1989 convicted murderers Albert Dorsett and Malcolm Somersett who were sentenced to

death for killing an aged couple in 1983, appealed against their convictions and sentences.
The Appellate Court constituted by Chancellor Kenneth George, and Justices Cecil Kennard and Aubrey Bishop allowed the appeal by Dorsett who was set free, while the appeal by Somersett was dismissed.

At the jury trial, one prosecution witness was recalled by State Counsel and gave evidence which related to the location where a box bearing the finger print of the appellant Dorsett had been found.

The witness had made no mention of such when she first gave evidence and what she said in evidence was in variance in what she had said in a written statement to the police. The prosecution failed to bring the variation between the witness’s statement and her oral evidence to the attention of the trial judge or of the defence.

On Dorsett’s appeal the Appellate Court held, allowing the appeal, that the credibility of the witness had been called into question in relation to an important issue; the prosecution ought to have brought the existence of the inconsistent written statement to the attention of the court so that the witness’s credibility could be tested.

Bernard De Santos for the appellants.
D. Christian, Assistant Director of Public Prosecutions, for the State.

Delivering his judgment Justice of Appeal Kennard said: James Anderson (age 81 years) and his wife Clara ( age 75 years) lived in a one-flat building on the southern side of the Friendship Public Road on the East Coast of Demerara. In that building part of which was occupied by them as their dwelling quarters, they carried on a haberdashery business. They were last seen by their niece, Winifred Sharper.

Winifred Sharper who had gone to the premises of the deceased at about 11.30 that evening remained there until 12.30 a.m. on the 10th of July, 1983.
Before Winifred Sharper left she had assisted the elderly couple to check the takings from the day’s sale which (together with some jewellery, belonging to the deceased) were placed in a cannister, which in turn was placed in a chest of drawers in the bedroom, after which it was secured in that drawer by “lock and key,” the key then being placed by Winifred Sharper on top of the chest of drawers. When Winifred Sharper left at 12.30 a.m. on the 16thJuly, 1983 both deceased were “alive and kicking” so to speak.”

Later that morning about 9 a. m. Winifred Sharper received certain information, as a result of which she returned to the premises of the deceased where she observed that both of the deceased appeared to be dead. Both of them were tied by their feet and around their necks. Winifred Sharper discovered that money and other articles had been removed from the premises, which was in a state of disorder.

The obvious motive of the person or persons who had entered the premises, was (to put it at its lowest) to steal therefrom. It was also discovered that a window in the kitchen area had been wrenched and was open and thus it would seem that the person (or persons) who had entered and removed the articles from the premises had gained entry through the window which had been wrenched