Jamaica pinned on a map by TARIK KIZILKAYA from Getty Images Signature via Canva
KINGSTON, Jamaica, CMC – The Court of Appeal Friday freed Dante Brooks, son of dancehall artiste Mavado, who was sentenced to life in prison nearly four years ago for murder.
The Court also overturned the conviction of his co-accused, Andre Hinds.
In 2021, the then 18-year-old Brooks was sentenced to life imprisonment for the June 5, 2018 killing of Lorenzo Thomas, who was shot, beheaded and his body set ablaze.
The Court of Appeal had heard the appeal on December 10 and 11 last year, reserving its judgment.
The Court of Appeal judges -Justices Marva McDonald-Bishop, David Fraser and Kissock Laing – ruled that the judge’s error in the treatment of the identification evidence was unreliable and that there were credibility issues with the sole eyewitness.
“We are of the view that the failure of the learned trial judge to adequately warn himself of the dangers inherent in the identification evidence combined with the deficiencies in his treatment of the identification and matters going to the credibility of the prosecution’s sole eyewitness resulted in the applicants being deprived of the safeguards developed by law to prevent the ‘ghastly risk’ of conviction on unreliable evidence of identification,” the judges said in their written judgement.
They also commended the prosecution for acknowledging the judge’s error and for not seeking a retrial.
Justice Leighton Pusey had ordered that Brooks serve 22 years before becoming eligible for parole. Brooks was also sentenced to 15 years for arson and 20 years for illegal possession of a firearm. The sentences were to run concurrently.
Hines, who was 26 years old at the time of his conviction, was also sentenced to life sentence with the judge ruling that he serve 17 years before becoming eligible for parole. He was also sentenced to 15 years each for arson and illegal possession of a firearm.
The prosecution had argued that the two men were among five men who entered the house and shot Thomas before pushing his father into another room. They were accused of attempting to sever Thomas’ head before aborting that plan because the machete was too dull.
The prosecution had relied on the eyewitness testimony of Thomas’ father, who indicated that he knew his son’s killers from the community.
“We respect the judicial process at all levels and are pleased that the Court of Appeal has ruled in our favour. This decision reaffirms the merits of our case and underscores the important legal principles at stake,” said Tamika Harris, one of the attorneys, who represented Brooks during the initial trial.
“While the journey through the courts has been challenging, I remained hopeful. I appreciate the Court of Appeal’s careful consideration of the matter and its ruling. We remain dedicated to upholding the rule of law and ensuring that our client’s rights and interests are fully protected,” Harris told the Jamaica Observer newspaper.
Attorney Oswest Senior-Smith, who represented Hinds at the appeal, said verdicts of acquittal were entered for both men on Friday. He reserved comment on the case until the written decision had been published and disseminated.
