Almost two years after he was found guilty by jury for the death of Justin Joseph of Potterville and was sentenced to 18 years in jail, Shane Degallerie will be among a number of matters to be dealt with when the Eastern Caribbean Supreme Court (ECSC) sits in Dominica from June 15-19, 2015.
Degallerie, of Pottersville, was accused of to death on April 23, 2010 in a shop in Pottersville, after a quarrel.
After a full trial before Justice Bernie Stephenson he was found guilty by the nine-member mixed jury.
He was sentenced on Friday July 19, 2013 at the High Court in Roseau.
His lawyer Zena Dyer, in her note of appeal, alleges that the trial Judge made a number of errors in law and is asking that the conviction be quashed.
The matter is set for Monday, the first day of the sitting.
The Judges are also expected to hear on that day a burglary appeal conviction of Steven Wyke v the State and Johan Charles v the State.
Also for that day will be magisterial criminal appeal against sentence for possession of controlled drugs between Myron Luke et al v the Police, Ferdinand Joseph v the Police for the use of threatening words.
The court sits at the Parliament building from 9:00am.
I cannot believe that with the help of their lawyers, they appeal. I call it running away from justice and trying to deceive the Court and the public that they were innocent. Innocent like Hell!
You better take your imprisonment for murder. What excuse could you have to argue that you did not murder him?
If you are the Haitian man, as I recall the case, you should have been deported. You do not deserve an appeal. Furthermore, this costs taxpayers additional money.
People commit crimes; they murder and they get free lawyer representation. It is the Law I know but they do not deserve it.
You and your attorney, cease lying. God knows that you murdered in cold blood. As for your attorney, she better commence making reparation as a form of penance for God knows where your soul will land forever on the inevitable day.
Defending criminals for an exorbitant sum of money; bad enough appealing the case. THOU SHALT NOT MURDER! THOU SHALT NOT TELL LIES! OK!
Because of sloppy investigations and incompetent judges the right to appeal is part of our justice system. It is a “right” that must be available. But from where some of us sit it seems to be over
worked. I have sat in enough courtrooms to know that when a hefty verdict is handed down one can almost expect to see the defence lawyer whispering to his (her) client “We’ll appeal.”
When I took my private investigation training in Canada during the 1970’s I was taught an appeal is only granted if it can be shown the judge did not properly instruct the jury. Often an appeal is not granted for that reason.
We have known of cases where a person was convicted of murder in a place where they did not have the death penalty. Years later they were acquitted thanks to modern forensics. It shows great care must be taken when the death penalty is on the table. But I do believe it should be an option.
Sincerely, Rev. Donald Hill. International Evangelist.
So right now all mordara want to go free??
All you want to do all you do and not pay the price? That is why I am in favour of the death penalty. I would have hang your backside long time so you wouldn’t have to be appealing nothing.
Appeal this coward took ones life and lawyer talking about appeal,let him out and waiting.
Remember an appeal means more gainful work for the defence lawyer.
True justice is not always a priority for a criminal lawyer. But they are a necessary part of the justice system. It is how it works.
Sincerely, Rev. Donald Hill. International Evangelist.