The United
Kingdom based Privy Council Tuesday gave a
Jamaican man hope that his murder conviction could be quashed.
Richard Dale Maye was convicted in May 2000 for the 1998 murder of Andrew Grant.
Prosecutors alleged Mr. Maye and his sister Sharon Brown attacked and chopped to death Mr. Grant, who was Miss Brown's former common law husband.
Mr. Maye was found guilty after being tried three times for the offence.
His defence was that he killed Mr. Grant while protecting his sister, who was being attacked by him.
But he was found guilty, a verdict which he appealed.
When he lost that appeal he took his case to the Privy Council as a poor person by special leave granted in December 2006.
In its ruling which was handed down Tuesday, the Privy Council cited what it called the case's curious procedural history.
The Privy Council had harsh words for the three time trial of the defendant and the absence of his sister as a defence witness in his final trial.
Their Lordships insisted that Miss Brown should have been called as a defence witness and also cited crucial character testimonies entered on Mr. Maye's behalf.
According to the Law Lords, the absence of his sister's testimony left his case weak and "threadbare".
The Privy Council therefore ruled that the matter be remitted to the Court of Appeal for them to quash the appellant's conviction for murder and for that court to consider whether or not to order a retrial.
Mr. Mr. Maye will remain in custody while the matter is being considered.
The board of the Privy Council agreed to make no order for costs.
Richard Dale Maye was convicted in May 2000 for the 1998 murder of Andrew Grant.
Prosecutors alleged Mr. Maye and his sister Sharon Brown attacked and chopped to death Mr. Grant, who was Miss Brown's former common law husband.
Mr. Maye was found guilty after being tried three times for the offence.
His defence was that he killed Mr. Grant while protecting his sister, who was being attacked by him.
But he was found guilty, a verdict which he appealed.
When he lost that appeal he took his case to the Privy Council as a poor person by special leave granted in December 2006.
In its ruling which was handed down Tuesday, the Privy Council cited what it called the case's curious procedural history.
The Privy Council had harsh words for the three time trial of the defendant and the absence of his sister as a defence witness in his final trial.
Their Lordships insisted that Miss Brown should have been called as a defence witness and also cited crucial character testimonies entered on Mr. Maye's behalf.
According to the Law Lords, the absence of his sister's testimony left his case weak and "threadbare".
The Privy Council therefore ruled that the matter be remitted to the Court of Appeal for them to quash the appellant's conviction for murder and for that court to consider whether or not to order a retrial.
Mr. Mr. Maye will remain in custody while the matter is being considered.
The board of the Privy Council agreed to make no order for costs.
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