The Cayman Islands Court of Appeal
will hand down its decision Monday morning in the matter of two men, who were
convicted this year of murdering Estella Scott Roberts on the night of 10
October, 2008. Sir John Chadwick, court president, made the announcement
Wednesday morning after attorneys for Kirkland Henry and Larry Ricketts
finished replying to the submissions made by Solicitor General Cheryll Richards
on Tuesday.
Justice Chadwick said serious
issues had been raised and the court wanted sufficient time to consider them
fully. Some of those issues arose from the fact that the men chose to be tried
by judge alone.
Some grounds of appeal complained that Chief Justice Anthony
Smellie, the trial judge, did not expressly put into writing his directions to
himself on how he dealt with lies or the question of the defendants’ good
character.
A good portion of the arguments over two days had to do with joint
enterprise. It was agreed that two men had joined in a common purpose to
abduct, rape and rob their victim. Ms Richards said the enterprise “evolved”
after the rape and robbery. Ian Bourne, arguing for Henry, said the killing was
a new act that was not part of the initial enterprise.
Henry’s defence was that
he withdrew from the enterprise when his accomplice decided to get rid of “the
lady”.
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