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Jun 2, 2009

Case that affects dozens of rulings adjourned

Story PictureIt started as an appeal of a Supreme Court ruling that would have sent Elvis Myers to prison for life following a conviction of Murder in November 2007. And what was already a major case now has greater implications that can affect various other rulings made by Justice Troadio Gonzalez. Attorney Hubert Elrington would have made submissions in the Court of Appeals this morning to support an argument that Justice Gonzalez was already at the age of retirement, sixty-five years, when he heard Myers’ case. But today’s hearing was adjourned until June twelfth after an application by the Director of Public Prosecutions, Cheryl-Lynn Branker-Taitt, to swear Justice Gonzalez’ affidavit was turned down. The Appeals Judge explained that Justice Gonzalez is a sitting judge and swearing his affidavit would subject him to cross examination by Elrington. It was also emphasized that the ruling in the matter needs to be based on facts and not speculation because it would affect a number of other cases. Since some of his arguments relied on the affidavit, Elrington requested further time to prepare “special evidence” to bring before the court. The basis of the appeal is that while Justice Gonzalez had reached retirement age, he continued to sit on the bench. Elrington is claiming that the ruling in Myers’ case is not valid. There are thirty eight other rulings made by Justice Gonzalez in that period including persons serving time that can be affected by the outcome of this case. Myers was convicted of the murder of Wilfred Slusher and the Wounding of P.C. Keith Cruz on December twenty-sixth 2005.


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