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3/21/2013

START DATE

END DATE

18/11/2022

Wolda Salamma Gardner v The Director of Public Prosecutions and The Attorney-General

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

Court of Appeal (Civil Division) on appeal from the Supreme Court of Bermuda

Criminal Law Constitutional Law

THE PRESIDENT SIR CHRISTOPHER CLARKE JUSTICE OF APPEAL SIR MAURICE KAY JUSTICE OF APPEAL DAME ELIZABETH GLOSTER

Bruce Swan Bruce Swan & Associates

Shakira Dill-Francois of the Attorney-General?s Chambers

FACTS OF THE CASE:

Gardner charged with premeditated murder of Malcolm Augustus on 25 December 2012 convicted and sentenced to life imprisonment with a 20-year tariff appeal against conviction dismissed appeal against sentence for murder 1 successful leading to retrial challenge to jury selection process under section 519(2) of the Criminal Code as unconstitutional

SUMMARY:

Discrepancy in jury selection rights between Crown and defense application of section 519(2) of the Criminal Code constitutional challenge to the jury selection process

OUTCOMES:

Defendant

RULED IN FAVOUR OF:

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Wolda Salamma Gardner v The Director of Public Prosecutions and The Attorney-General

Gardner charged with premeditated murder of Malcolm Augustus on 25 December 2012 convicted and sentenced to life imprisonment with a 20-year tariff appeal against conviction dismissed appeal against sentence for murder 1 successful leading to retrial challenge to jury selection process under section 519(2) of the Criminal Code as unconstitutional

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