The Tribune

By FARRAH JOHNSON 

Tribune Staff Reporter

fjohnson@tribunemedia.net

A MAN whose double murder conviction was overturned by the Court of Appeal earlier this year was denied bail until the panel determines whether they will order a retrial for his case. 

In July, Justices Jon Isaacs, Maureen Crane-Scott and Milton Evans quashed the sentence of Zintworn Duncombe, one of the men who was found guilty of kidnapping and murdering a senior immigration officer and his girlfriend in 2013.

At the time, the decomposed remains of senior immigration officer Shane Gardiner and his girlfriend Tishka Braynen were found on the grounds of Newbold Farms in Fresh Creek, Andros. Both victims had been killed execution style and had each received a gunshot wound to the head.

When Duncombe and his co-accused Cordero Saunders appealed their sentences, the appellate court quashed their convictions after ruling the trial judge’s failure to thoroughly investigate an altercation that occurred between the forewoman and an alternate juror of the accused men’s trial, created a “material irregularity” over the course of the proceedings.

Although the former sentence no longer stands, Justice Isaacs, Justice Evans and Justice Roy Jones said they are “not minded” to grant bail to Duncombe until they determine whether a retrial is necessary.

In his judgement, Justice Isaacs noted the evidence in this case was “thoroughly ventilated” and the panel’s decision to quash the appellant’s conviction was based on an “error made by the judge on a technical matter”.

“The court has considered the application of the appellant for bail pending appeal,” he stated. “We hold the view that, inasmuch as the decision in the matter of the retrial is imminent, we, in keeping with our decision in Anthon Meadows, are not minded to grant bail to the appellant at this time”.

He continued: “We recognise that most of the issues raised by Mr Sweeting related to matters in 2016; however, as indicated, the court is in the midst of determining whether or not there ought to be a retrial in this matter. We are, therefore, not minded to grant bail and the appellant/applicant will remain in custody until such time as the decision is made in respect of the retrial”.