Kendon Brown and Monty Thompson will face a retrial after their sentences for the murder of nurse Joan Lunn was quashed, the Court of Appeal decided yesterday.
Nurse Lunn, 65, was shot dead on July 7, 2001while taking care of patient Anthony “Blacks” Saunders in the private surgical ward of the Princess Margaret Hospital.
Two gunmen gained access to the hospital’s private surgical ward in an attempt to kill Saunders. He had been airlifted from Freeport after being shot twice in the leg in a drive-by shooting.
After shooting Saunders three times in his chest, the gunmen discharged a fourth shot, striking Nurse Lunn in the heart, killing her instantly. Saunders survived the attack.
Brown was unanimously found guilty of her murder during the high profile trial in March 2003.
He was also convicted unanimously of the attempted murder of Anthony Saunders, and by a vote of 11 to 1 on conspiracy to commit the murder.
Brown received the death penalty for Nurse Lunn’s murder as well as two life sentences for the attempted murder of Saunders and the conspiracy to commit the murder.
Thompson received a life sentence for his part in the conspiracy to commit the murder.
Yesterday, Justices Dame Joan Sawyer, Lorris Ganpatsingh and Emmanuel Osadebay determined that the men should have a retrial based on three key points that caused them great concern. All three judges have been under scrutiny recently for judgements that appear to contradict sound judgement
According to the justices the trial judge only advised the jury to determine whether the confession statement was made by Brown voluntarily, but failed to advise them to determine if the statement was actually true.
The second concern was that the jury may not have been properly directed on how to deal with the evidence of the two men concerning their alibis and their course of action if they believed the alibi was a lie.
The third reason was a remark made by the judge which may have caused the jury to questions the honesty and integrity of the defendants. They claimed that the statement should never have been made before a jury.
The men were remanded to Her Majesty Prison pending a ”speedy trial.”
Brown’s lawyer, Wayne Munroe, has been accused of ”fixing” cases in the in the past. Brown was represented by Munroe along with Shaka Servile. Monty Thompson was represented by lawyer Murrio Ducille. Francis Cumberbatch appeared for the Crown.
As the men were escorted out of the building they smile broadly, almost arrogantly, with Brown pumping his first in the air yelling ”Freedom”.
Source: Cara Brennen, The Tribune
