The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A JUDGE is expected to hand down a decision today on a man’s application for a permanent stay on his trial in connection with the murders of an elderly woman and her grandson during a home invasion.

Basil Gordon, 37, had made a constitutional motion before Senior Justice Stephen Isaacs arguing that he would likely be deprived of his personal liberty, experience inhumane treatment and would be prejudiced at trial because of the long delay in the hearing of his case concerning the June 16, 2002, murders of Rosynell Newbold and her grandson, Kevin Wilson.

Crown prosecutor Viola Barnett, in yesterday’s proceedings, responded to Gordon’s claims of constitutional infringement.

She noted that Gordon’s letter to the court did not speak to his claims of about possibly being degraded and treated inhumanely as a result of being tried in connection with the killings.

The prosecutor further noted that the Constitution allows for the state to deprive a person of their personal liberty upon reasonable suspicion that a crime was committed by the individual. Ms Barnett noted that Gordon had been granted bail in the Supreme Court in 2008 but a bond was never signed for him until 2011.

She also emphasised that then Senior Justice Stephen Isaacs, who heard Gordon’s previous constitutional motion, had determined that a permanent stay on the case was not the appropriate remedy in Gordon’s instance, notwithstanding that he had not been tried within a reasonable time.

The justice said he would give his decision on Wednesday.

Gordon, alias Kerri Nash Grant, was initially convicted and sentenced to death for the home invasion murders.

However, the Court of Appeal quashed the conviction and ordered a retrial on December 12, 2005.

Prosecutors did not schedule a new trial date until June 2011.