Appeal hearing for ex-soldiers challenging death sentence set for January

Seven years after three former members of the Guyana Defence Force (GDF) filed an appeal against their conviction and death sentence for a 2009 murder, the Court of Appeal on Monday said that it would commence hearing arguments in the case on January 11, 2020. This announcement was made following a virtual Case Management Conference (CMC).
Former GDF Coast Guards Sherwin Hart, Devon Gordon and Deon Greenidge were in 2013 found guilty of the August 20, 2009 murder of Bartica gold miner Dwieve Kant Ramdass. They were sentenced to death by hanging by High Court Judge Franklin Holder.

According to media reports, on the day in question, at Caiman Hole in the Essequibo River, the trio forced Ramdass into their boat and relieved him of $17 million, which he was carrying in a box for his employer. They then dumped Ramdass overboard.
The appeal will be heard by Chancellor of the Judiciary Yonette Cummings-Edwards and Justices of Appeal Rishi Persaud and Dawn Gregory. Greenidge and Hart are being represented by Attorney-at-Law Nigel Hughes in association with Trinidadian Senior Counsel Douglas Mendes.
Attorney-at-Law Latchmie Rahamat is appearing for Gordon. The three convicted killers first appeared at the Court of Appeal in October 2019. However, the court was unable to proceed with hearing the matter as a result of the missing appeal records.
At that time, Hughes had informed the court that the records he received did not
reflect rulings by the trial Judge in three voir dires. The lawyers had further informed the court that the records did not accurately state the Judge’s summing up.
Rahamat had explained that what was said by a particular witness is recorded as being said by someone else. McCammon had noted that the record of the Judge’s summing up was disjointed and “some of the pages do not flow.” In light of this, the Court of Appeal made every effort to locate the missing records.
During the CMC on Monday, the lawyers confirmed that they had received the full records of appeal. Asked by the Chancellor if they were filing additional grounds of appeal, Hughes said that this was done for Hart and was sent to the court via email.
For both of his clients, Hughes disclosed that he would be laying over submissions on the lawfulness of the death penalty. According to the defence counsel, he will be leading fresh evidence on this issue and will be calling two witnesses – a professor at the Middlesex University and a Professor from the Columbia Law School.
Rahamat stated that she would be seeking leave to file additional grounds of appeal and submissions on the death penalty. Assistant Director of Public Prosecutions (DPP), Dionne McCammon was granted leave to reply.
The Court of Appeal will entertain arguments in the case on January 11, 2021, at 09:30h.