Barbara Gayle, Staff Reporter
THE COURT of Appeal has reserved its decision in the appeal brought by a St. Andrew businessman who is seeking to have his murder conviction overturned on the ground that the Evidence (Amendment) Act which was used to admit the statements of witnesses at his trial is unconstitutional.
Frank Phipps Q.C., who is representing 32-year-old Stephen Grant, of Queen Hill, St. Andrew, challenged the amendment to the Act and argued that the Constitution made provision for an accused person to cross-examine witnesses at his trial.
He called on the court to restrain the Legislature from taking away the rights of citizens, especially a right that was entrenched in the Constitution. He submitted that as terrible as the present incidents of violence were, they did not operate to revoke or in any way abridge the Constitution.
David Fraser, deputy director of public prosecutions, argued that there was no absolute right to cross-examination.
This is the first time that there has been a challenge to the amendment to the Act, which makes provision for police statements of witnesses who are dead, cannot be found or have gone abroad, to be tendered in evidence.
After a two-week hearing, the Court of Appeal, comprising Mr. Justice Donald Bingham, Mr. Justice Clarence Walker and Mr. Justice Karl Harrison (acting) yesterday reserved its decision for a later date.
Grant was convicted in the Home Circuit Court in March last year of the murder of Kymani Bailey, a 17-year-old student of Dunoon Technical High School. Mrs. Justice Marva McIntosh sentenced Grant to life imprisonment with a recommendation that he should serve 20 years before he could become eligible for parole.
