The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A MAN contesting his conviction for the murder of a friend he claimed introduced him to an HIV-positive woman will now have a lawyer appointed to present his appeal at the public’s expense.

Stephen Russell, 22, appeared in the Court of Appeal yesterday for the expected hearing on arguments contesting his conviction and 38-year sentence for the November 19, 2011, death of Tomal Stubbs.

He was not aware, however, of his lawyer seeking leave to withdraw from the appeal. The application was made by Tai Pinder, an associate of lead counsel Ian Cargill, to the court at the start of the proceedings.

When asked by Justices Anita Allen, Abdulai Conteh and Neville Adderley for an explanation, Ms Pinder explained that a thorough review of the transcripts led her to the conclusion that there were no grounds for appeal.

However, the court issued a summons for Mr Cargill who later appeared to explain the last-minute withdrawal.

Mr Cargill accepted responsibility for making the withdrawal application on short notice and also for not previously articulating on November 9 that his associate would be handling the matter.

Justice Allen said the court would accept the explanation if it were the first occasion.

“If this were the first time, perhaps we could move on,” the Court of Appeal president said.

“It won’t happen again,” Mr Cargill replied.

“Put yourself in the appellant’s shoes... how would you feel in his place?” Justice Conteh asked.

Franklyn Williams, deputy director of public prosecutions, suggested that “a fresh pair of eyes” be allowed to take on the matter and that Mr Cargill assume some costs for appeal.

Mr Cargill, who stood by his associate’s position and her capabilities, agreed with the suggestion put forth by the Crown respondent.

“Do you want that? You need counsel don’t you?” Justice Allen said to the appellant.

Russell answered: “Yes ma’am.”

“We’ll assign counsel at the public’s expense and indicate to you, Mr Cargill, how much of it you will be responsible for,” Justice Allen said.

Russell then asked the court if he could have lawyer Roberto Reckley argue his appeal.

“We’ll see (if) he’s prepared to accept the assignment,” Justice Allen said, before adjourning the matter to December 1 for a status hearing.

In October 2013, jurors unanimously convicted Russell of killing Stubbs.

According to the trial evidence, Russell told investigators he did not intend to kill Stubbs, but wanted to hurt him for causing him to contract AIDS.

According to evidence brought at trial, he allegedly told police that Stubbs introduced him to a woman, his cousin, who showed him a piece of paper which said she had HIV.

Russell had sex with the woman the next day, the court heard.

But Russell, who was 18 when he killed Stubbs, claimed police made up his confession and beat him into signing it. No evidence was brought to show that Russell is ill, and his testimony was not accepted by the jury.

Crown prosecutors said he had committed a “careless, cold-blooded murder of a friend who was vulnerable”.