Defence attorneys remain wary of prosecutors' right to appeal sentences, following historic court decision

Attorney-at-law Dionne Meyler Barrett, who represented murder convict Lindell Powell, is warning that Friday’s historic Court of Appeal ruling which overturned his 12 year sentence and substituted life imprisonment instead, has set the stage for potential unfairness to accused persons, and possible abuse of the system.

Powell, who was convicted of a double murder, was sentenced last December to 12-years' imprisonment on each count.

Using the new law which allows the Prosecution to appeal, the DPP appealed the sentence, and in Friday’s judgment the Court of Appeal quashed that sentence and imposed life imprisonment, with the proviso that he will be eligible for parole only after serving 24 years behind bars.

Mrs Meyler Barrett, speaking afterwards on Radio Jamaica’s Beyond the Headlines, said, while in principle she has no issue with the law itself, "as long as they exercise the power properly... in appropriate cases" she does fear what could happen.

Nevertheless, she cautioned against the opening of "a pandora's box" in which the power of appeal might be exercised inappropriately.

In that regard therefore, she raised the possible need for "a power and an authority to watch the power who wants to exercise the authority."

Abuse potential

Leonard Green, President of the Advocates' Association of Jamaica, who had expressed fear that the law could be abused, remains firm in that view, following Friday’s Court of Appeal decision.

Despite the "assurances of the Director of Public Prosecutions," he reiterated that the provision is "something that can get out of hand."

Accordingly, he said the DPP's office "must be vigilant; that is their responsibility."

Nevertheless, he said, "if a sentence seems... manifestly inadequate, there's absolutely nothing wrong (with appealing it) and we at the bar have no problem with that at all."