Accused in Barbara Gayle's murder gets legal aid, to undergo psychiatric evaluation

By Racquel Porter    

 

Attorneys Tom Tavares-Finson, KC, and Donahue Martin are to continue representing the man accused of killing retired journalist Barbara Gayle.

 

The lawyers will remain on the case via legal aid assignment.

 

Mr. Tavares-Finson says he was approached and retained by the family of Mr. Ellis, but not in a manner that would cover the cost of the trial.

 

During the accused's first appearance in the Home Circuit Court on Friday, the Office of the Director of Public Prosecutions indicated that it will seek the death penalty.

 

Moments after the Office of the DPP disclosed that it will be seeking the death penalty, attorney Tavares-Finson told the court that he along with Donahue Martin have been retained to represent the accused.

 

But Mr. Tavares-Finson, prior to asking Justice Lorna Shelly Williams to order an inquiry into whether Mr. Ellis is entitled to legal aid, said the accused man's family is not in a position to continue the payment of legal fees.

 

Mr. Tavares-Finson and Mr. Martin were subsequently assigned via legal aid.

 

In the meantime, Mr. Ellis is to undergo a psychiatric evaluation.

 

Justice Shelly Williams made the order following a request by Mr. Tavares-Finson.

 

Earlier in the proceedings the court was told that the case file is incomplete and several elements are outstanding.

 

Mr. Ellis has been further remanded until May 26.

 

Ms. Gayle, the 77-year-old retired Gleaner journalist, was killed at her home in Caymanas Country Club Estate in St. Catherine on December 17.

 

The St. Catherine South police charged Mr. Ellis with her murder and two counts of robbery with aggravation on December 24.

 

A number of attorneys have refused to represent Mr. Ellis.

 

Speaking with Radio Jamaica News following Friday's court proceedings, Mr. Tavares-Finson explained that Mr. Ellis has a right to legal representation. 

 

"The Constitution of Jamaica gives every individual who is charged for a criminal offence the right to be represented by counsel. So therefore, we are of the view that it is necessary in the interest of justice for Mr. Ellis to be represented before the court and to be represented by senior and competent counsel. It is for that reason that we today accepted a legal aid certificate in this matter to represent Mr. Ellis. And the right to representation is one that is enshrined in the Constitution and one that no doubt Barbara Gayle would have understood and appreciated," he said.