The Tribune

By FARRAH JOHNSON

Tribune Staff Reporter

fjohnson@tribunemedia.net

THE Court of Appeal has reopened the appeal and ordered the retrial of a fourth man who was convicted of kidnapping and attempting to rob a senior immigration officer and his girlfriend in 2013.

The latest ruling comes just months after the court overturned the convictions of two other men who were found guilty of murdering the couple eight years ago.

On December 21, 2013, 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.

Daniel Coakley, Zintworn Duncombe, James Johnson and Cordero Saunders were later tried together for the couple’s murder, kidnapping and attempted armed robbery. At the conclusion of the trial, Coakley was convicted on all counts, with the exception of the murder charges. Shortly after, he appealed his convictions; however, his application was denied by the Court of Appeal in April 2018.

Following the dismissal of Coakley’s appeal, the applications of Saunders, Duncombe and Johnson were heard and allowed on the basis of a material irregularity—a ground not raised in Coakley’s appeal.

After his co-accused were granted a retrial, Coakley argued the material irregularity which resulted in their appeals being allowed affected the entire trial and the safety of the verdicts of all involved.

He argued that in view of this fact, he should be afforded the benefit of a retrial as Saunders, Duncombe and Johnson were.

Yesterday, Justices Sir Michael Barnett, Milton Evans and Carolita Bethell allowed Coakley’s latest appeal and quashed his convictions and sentences, before ordering the applicant to be retried at the same time as his co-accused.

In the judgment, delivered by Sir Michael, the panel noted there is a jurisdiction that allows a court to reopen a concluded appeal in “exceptional circumstances.”

“The present application involves exceptional circumstances as the material irregularity which the court found in the Saunders, Duncombe and Johnson appeals affected the entire trial and therefore the safety of all the verdicts,” Sir Michael stated. “The interests of justice require that the applicant should undergo a retrial as will his co-accused.

“... It is not in the interests of justice that a retrial takes place for Duncombe, Saunders and Johnson but not for Coakley. I would allow the application to reopen the appeal and quash the convictions and sentences and order that Mr. Coakley be retried at the same time as Messrs Duncombe, Saunders and Johnson.”