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Hmm, it was not a crime of defence or a crime of passion. It was cold blooded pre-meditated murder in order to take someone firearm.
Appeal Court sets aside death sentence of man found guilty of killing ACP Gilbert Kameka
Published: Sunday | December 1, 2013 15 Comments
Barbara Gayle, Justice Coordinator
The man who was sentenced to hang for the murder of Assistant Commissioner of Police Gilbert Kameka has won his appeal against his death sentence.
Massinissa Adams, 31, who was convicted in November 2009 along with two other men for the November 2007 murder, had appealed only against the death sentence.
Attorney-at-law Carolyn Reid Cameron argued that Adams should not face the death penalty.
She cited authorities to show that the Jamaican position was that life imprisonment should be imposed unless having considered all the available material and issues there is no prospect of social readaptation, and the circumstances of the case qualify it as the "rarest of the rare", the "worst of the worst" or "extreme and exceptional."
Reid Cameron argued that there was no evidence that Adams was prone to violence and the judge did not address her mind to the prospect of reform.
The Court of Appeal said that the judge's focus was essentially centred on the fact that the murder was premeditated.
"However, premeditation, in itself, would not have been a critical factor in determining whether the death penalty was justifiable in this case," the Appeal Court held. Kameka was killed by one of two shots and the Appeal Court pointed out that it was not a sadistic killing nor was the deceased tortured.
The court found that although the murder entailed a planned, cold-blooded killing, it could not be regarded as falling within the most extreme or exceptional cases.
Important factor
Justice Hazel Harris, Justice Hillary Phillips and Justice Patrick Brooks held that the judge failed to consider the very important factor as to whether there was any reasonable prospect in reforming the appellant.
Reference was made by the court to the fact that Adams was gainfully employed up to the time of his arrest.
The social enquiry report had said that members in his community had expressed surprise that he committed the murder and there were excellent reports of his good character.
There was also a view Adams had "academic potential", which the Appeal Court said all weighed favourably in supporting his reformation.
Adams' death sentence was set aside and he was sentenced to life imprisonment and ordered to serve 35 years before he can be eligible for parole.
The other two convicts, Kamar Dawkins and Rohan Townsend, had also appealed.
Dawkins, who is now 22-year-old, lost his appeal against his conviction of life imprisonment and ordered to serve 30 years before he is eligible for parole.
The 25-year-old Townsend, who was sentenced to life imprisonment and ordered to serve 20 years before parole, had his sentence of life imprisonment set aside.
The court substituted a sentence of 20 years which started from November 9, 2009 because of the minor role he played in the murder.
Prosecutors Lisa Palmer Hamilton and Christine Hamilton had asked the court not to disturb the men's convictions.
Kameka, a 48-year-old assistant commissioner, was shot and killed at a house in Irish Town, St Andrew when he went to visit his then 18-year-old girlfriend, who had previously had a relationship with Adams.
The cop was shot by Adams and and robbed of his service revolver.
Adams had planned with his ex-girlfriend the day before the murder that "we are going to come up there to get the gun" and she agreed.
Adams' ex-girlfriend was the main witness for the prosecution and she gave details of the role each men played in the murder on November 29, 2007.
She pleaded guilty to conspiracy to rob and was given a three-year suspended sentence.
Appeal Court sets aside death sentence of man found guilty of killing ACP Gilbert Kameka
Published: Sunday | December 1, 2013 15 Comments
Barbara Gayle, Justice Coordinator
The man who was sentenced to hang for the murder of Assistant Commissioner of Police Gilbert Kameka has won his appeal against his death sentence.
Massinissa Adams, 31, who was convicted in November 2009 along with two other men for the November 2007 murder, had appealed only against the death sentence.
Attorney-at-law Carolyn Reid Cameron argued that Adams should not face the death penalty.
She cited authorities to show that the Jamaican position was that life imprisonment should be imposed unless having considered all the available material and issues there is no prospect of social readaptation, and the circumstances of the case qualify it as the "rarest of the rare", the "worst of the worst" or "extreme and exceptional."
Reid Cameron argued that there was no evidence that Adams was prone to violence and the judge did not address her mind to the prospect of reform.
The Court of Appeal said that the judge's focus was essentially centred on the fact that the murder was premeditated.
"However, premeditation, in itself, would not have been a critical factor in determining whether the death penalty was justifiable in this case," the Appeal Court held. Kameka was killed by one of two shots and the Appeal Court pointed out that it was not a sadistic killing nor was the deceased tortured.
The court found that although the murder entailed a planned, cold-blooded killing, it could not be regarded as falling within the most extreme or exceptional cases.
Important factor
Justice Hazel Harris, Justice Hillary Phillips and Justice Patrick Brooks held that the judge failed to consider the very important factor as to whether there was any reasonable prospect in reforming the appellant.
Reference was made by the court to the fact that Adams was gainfully employed up to the time of his arrest.
The social enquiry report had said that members in his community had expressed surprise that he committed the murder and there were excellent reports of his good character.
There was also a view Adams had "academic potential", which the Appeal Court said all weighed favourably in supporting his reformation.
Adams' death sentence was set aside and he was sentenced to life imprisonment and ordered to serve 35 years before he can be eligible for parole.
The other two convicts, Kamar Dawkins and Rohan Townsend, had also appealed.
Dawkins, who is now 22-year-old, lost his appeal against his conviction of life imprisonment and ordered to serve 30 years before he is eligible for parole.
The 25-year-old Townsend, who was sentenced to life imprisonment and ordered to serve 20 years before parole, had his sentence of life imprisonment set aside.
The court substituted a sentence of 20 years which started from November 9, 2009 because of the minor role he played in the murder.
Prosecutors Lisa Palmer Hamilton and Christine Hamilton had asked the court not to disturb the men's convictions.
Kameka, a 48-year-old assistant commissioner, was shot and killed at a house in Irish Town, St Andrew when he went to visit his then 18-year-old girlfriend, who had previously had a relationship with Adams.
The cop was shot by Adams and and robbed of his service revolver.
Adams had planned with his ex-girlfriend the day before the murder that "we are going to come up there to get the gun" and she agreed.
Adams' ex-girlfriend was the main witness for the prosecution and she gave details of the role each men played in the murder on November 29, 2007.
She pleaded guilty to conspiracy to rob and was given a three-year suspended sentence.