Molyneaux v The Queen

• Jurisdiction: Montserrat
• Court: Court of Appeal (Montserrat)
• Judge: Redhead J.A.
• Judgment Date: 12 January 2004
• Neutral Citation: MS 2004 CA 1
• Docket Number: Criminal Appeal No. 1 of 2003
• Date: 12 January 2004

Molyneaux

and

The Queen

Redhead, J.A.; Alleyne, J.A.; Gordon, J.A. (Ag.)

Criminal Appeal No. 1 of 2003

Court of Appeal

Criminal law - Murder — Appeal against conviction — No merit in appellant's claim that he was convicted on fabricated evidence — Appeal dismissed.

Appearances:

The Appellant in person.

Mrs. Esco Henry Greer, Hon. Attorney General for the respondent.

Redhead J.A.

1 The trial of this appellant began on 6 ^th March, 2003. He was represented by Counsel up to the 11 ^th March, 2003 when the appellant announced to the learned trial Judge that he would like to represent himself and that he would like all documents and original statements to be handed over to him.

2 Mrs. Greer, learned Counsel for the respondent announced to this court that the appellant was contacted and given the opportunity to have counsel to represent him in this appeal but he declined assistance.

3 The appellant was prosecuted for the murder of Simeon Sealy. On 14 ^th March, 2003 the appellant was convicted by a jury for that offence. He was sentenced to life imprisonment.

4 The case made out against the appellant was a strong one, as presented by the prosecution through the mouths of its witnesses, Ms. Shamecka Gray, Mr. Oscar Zapala and Mr. Earl Goddard.

5 Ms. Gray testified before the Judge and jury that she worked for Mr. Simeon Sealy, the deceased. The deceased at the time operated a garage and travel agency. He also provided other services.

6 On 7 ^th July 2002, at about 10:30 a.m. she saw the appellant at her work place. At that time she had known him for about 1 year 7 months. She said the appellant bought a bottle of battery water. The deceased then came down from upstairs into the office. The deceased spoke to her and then went outside and spoke to someone.

7 The deceased was returning to the office when she heard a large explosion which sounded like a gunshot. This witness said “Mr. Sealy's body twisted and blood ‘flash’ out of his mouth right on the counter.”

8 Ms. Gray also testified that she screamed, ran and hid herself in a small room. After a while she left the room and on her way outside she saw the appellant came through the front door. He had a gun in his hand.

9 She began to run, the appellant chased after her. She tripped and fell. The appellant pulled her by the back of her shirt while she was on the ground. He then put the gun to her back and said ‘let we go’. According to the testimony of this witness, the appellant told her that if she did anything stupid, he would shoot her.

10 Ms. Gray told the court that he then ordered her to drive one of the cars that was parked on the premises of the deceased. According to this witness when she was driving the car out of the premises the appellant said “Him locked himself up, him should dead”.

11 She said she drove the car for some distance away with the appellant in the car. While she was with the appellant he said:.

“He shot after Earl and the gun stick.”

12 The two other witnesses, Mr. Earl Goddard and Mr. Oscar Zappola who were also employees of the deceased and who were present on the premises at the time of the incident gave almost identical evidence as Ms. Gray's account of the shooting.

13 Mr. Earl Goddard testified that about 9:30 a.m. on 7 ^th August 2002 he was at the auto parts department awaiting for the deceased to come to him. He saw the deceased come through the door towards him. This witness said he then turned around he heard the sound of a gunshot. He then saw the deceased's mouth filled with blood.

14 Mr. Goddard said that he immediately began to run to the back of the building. He heard footsteps behind him. He looked back and saw the appellant with a black gun pointing towards the deceased and him.

15 This witness said that he threw himself to the ground. He closed his eyes. The appellant then said “You fucker I got you”. He was still on the ground when the footsteps passed him. He then heard another shot. The appellant and deceased went out through the side gate of the workshop. The appellant was then about 4–5 feet behind the deceased. This witness said he then ran...