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Appeal judges to ‘take time’ over Warner decision

Appeal: Kevin Warner

The three judges of the Court of Appeal said they will take their time to decide whether to overturn the conviction of murderer Kevin Warner.Last week, defence lawyer Elizabeth Christopher argued that the conviction was “completely unsafe”.Warner, 22, was convicted last year by the unanimous verdicts of a jury of shooting his friend Dekimo ‘Purple’ Martin in the back in May 2010.No motive for the killing was ever established. Warner was jailed for 35 years.Launching an appeal against the conviction last week, Ms Christopher argued that “extremely prejudicial” photographs and testimony from gang expert Sergeant Alex Rollin should not have been put before the jury.Sgt Rollin named Warner as an associate of the White Hill Crew and his brother, Kavon Hart, as a member of the Money Over B*****s (MOB) gang.According to Ms Christopher, the White Hill Crew “is not a gang known for shooting people” like the MOB is, and Warner was not in the MOB.She also complained about photographs downloaded from Mr Hart’s phone, which showed him with a young child holding a gun. Another showed a neck chain with the MOB acronym. A third showed Mr Hart making a gang sign with his hands. “It’s our submission that the evidence was highly prejudicial,” said Ms Christopher.However, Deputy Director of Public Prosecutors Carrington Mahoney argued that the conviction should stand due to “overwhelming evidence”. He stressed that the photographs were chosen to demonstrate the gun at the best possible angles for the jury and “it just happened that the child was holding it”.He went on to say that other gang evidence related to Mr Hart was intended to show that he was in the MOB and that Warner “was a member of the more juvenile White Hill Crew, but he was able to get access to the MOB which is a more organised criminal establishment”. According to Mr Mahoney, this showed Warner could have access to the gun and was a valid part of the circumstantial evidence led in the Crown’s case.He also pointed out that, according to a newly-available transcript of the trial, Warner’s lawyer Kim Hollis QC did not challenge the evidence given by Sgt Rollin.Ms Christopher said that was because the photographs had already been entered into evidence, despite Ms Hollis’s objections, and “once they were in, the gang evidence was before the court”.President of the Court of Appeal, Edward Zacca, said they will reserve their decision for now. He did not indicate whether it will be given before the current Court of Appeal session ends on June 22 or when it reconvenes in November.“The court will reserve its decision, consider its decision, and take time to make its decision,” he said.