The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

THE Court of Appeal has reserved its decision in the appeal of a man contesting his conviction and 15-year-sentence for the shooting of two Atlantis security guards at Marina Village.

Clarence Smith, 23, through his lawyer Murrio Ducille, argued that the Supreme Court jury’s verdict should be overturned on the basis that the presiding trial judge had allowed dock identification into evidence.

Mr Ducille further argued that the sentence was excessive given his client’s youth and lack of antecedence.

Linda Evans, in responding for the Crown, noted that the conviction should be upheld on the basis that the court’s decision on identification did not lessen the strength of the case.

Justices Anita Allen, Stanley John and Neville Adderley said they would give a decision in the future.

Smith, of Dolphin Drive, is contesting two attempted murder convictions for the shooting of Dwayne De Costa, 36, and 33-year-old Troy Feaste on October 31, 2009. He was convicted of the charges by a nine-member jury in October 2012.

In January 2013, Senior Justice Jon Isaacs noted that the offences and circumstances in which they were committed were serious. However, he told Clarence Smith that his case did not warrant life imprisonment, the maximum punishment.

Smith was sentenced to 16 years on each count of attempted murder, but the prison terms were to run concurrently. However, the sentence was reduced to 15 years and three months once it was revealed that Smith had already spent nine months in prison.