– as death sentence commuted to life imprisonment

THE Court of Appeal on Friday commuted a death sentence imposed on convicted murderer Gary Moses to that of life imprisonment.

Moses, the court ruled, must serve a minimum of 30 years before being eligible for parole.
“Given the circumstances of this case,” Justice Yonette Cummings-Edwards said, “we are of the view, even though the time spent awaiting the retrial was excessive… considering all the circumstances, we do not believe that his conviction should be quashed or the hearing should be stayed.

“In the circumstances, we will review the sentence, taking into consideration the delay and therefore the appellant’s sentence to death would be commuted to life imprisonment.
“The felon must serve a minimum of 30 years before any eligibility for parole.”
The felon had appealed his conviction and sentence for the 1993 murder of Leila Barrow of David Street, Kitty.

The man, who was represented by Prithima Kissoon who sat in for Nigel Hughes, had argued in his appeal that the trial judge failed to adequately tell the jury his client’s defence of having no knowledge of the crime, as was told to the police.
On July 24, 1993, Leila Barrow was found murdered in her home, and according to a post mortem examination, she was sexually assaulted.

Moses was indicted with Barrow’s murder and was tried before a judge and jury and found guilty of the offence and sentenced to death.
Moses was first convicted in 2003, after which he appealed his conviction but was unsuccessful.

In the case, the prosecution argued that Moses along with two others entered Barrow’s home and in the course of committing a felony thereof murdered her. The two other co-accused’s were charged and tried separately.

At Moses’ trial, a co-accused testified against him, and he appealed on the grounds that the trial judge failed to adequately direct the jury on the need for corroboration of the testimony of a convicted felon.

He argued, too, that the death sentence imposed on him was unconstitutional and a breach of his fundamental rights, and that it was excessive. The man, through his attorney, said the death sentence was not mandatory, as the judge had discretion as to determine whether or not the capital punishment would be handed down.

However, the prosecution argued that such discretion was provided for after the amendments to the Criminal Law Offences Act 2010 were effected.
Moses was convicted for the crime before the amendments. Moses was on death row for about 14 years.

The decision was handed down by Justice Cummings-Edwards in the presence of Justice of Appeal Rishi Persaud and High Court Judge, Justice Brassington Reynolds.