Killer takes case to Privy Council
fight the verdict.
Teiko Furbert -- jailed for life for the shooting of James Cyrus Caines two years ago -- will take his case to the Privy Council in London next month and ask them to hear a new appeal over the conviction.
But Attorney General Elliott Mottley is to travel to the English capital to contest the appeal bid.
Barrister Archie Warner, who represented Furbert at his original trial, confirmed special leave to appeal would be sought at a sitting of the Privy Council on May 21.
English barrister John Perry, who appeared for Furbert at a Court of Appeal sitting in Bermuda in October last year, which upheld the life sentences handed down to Furbert and co-accused Sheldon Franks, will appear for him again.
Mr. Warner said yesterday: "It's being done from London and Mr. Perry will do it.
"The grounds which have been brought forward are basically the same as the grounds taken to the Court of Appeal.
"I don't know whether the London firm will make any changes -- they may very well do.'' And he added: "I hope the application is successful.'' Furbert and Franks -- both said in court to be drug dealers and members of a back of town "crew'' -- were convicted and sentenced to life in April last year.
Mr. Mottley said three UK law Lords would probably hear the special application and five hear the appeal -- if Mr. Perry's application is successful.
He added: "If it is approved, they will then fix a date for a hearing later in the year.'' Mr. Caines was shot in the head as he sat in a house on Curving Avenue, Pembroke, in July, 1996.
The single shot was fired through a screen door of the house. Mr. Caines staggered hundreds of yards to his home on Union Street and died in his mother's arms.
Caines mother Sandra Cyrus later told Supreme Court that her son had named Sheldon Franks as his killer as he lay dying.
But during the trial, Franks pointed the finger of guilt at his co-accused, insisting Furbert had fired the fatal shot.
But Furbert told the court he had only gone to the house where Mr. Caines was to pick up his pedal cycle.
He did not implicate Franks -- but told Puisne Judge Richard Ground that Franks had been standing near the door of the house with two other men when the shot was fired.
But the jury convicted both of murder by majority verdicts after Mr. Mottley told them both men blamed Mr. Caines for separate thefts from them, one a package of drugs.
Both took the case to the Court of Appeal, where their lawyers claimed the trial judge had made a number of errors -- including allowing Mr. Caines' dying declaration as evidence and that Mr. Justice Ground had confused the jury with his definition of murder.
But the Court of Appeal, under president Sir James Astwood, dismissed all the grounds put forward by the defence teams.