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Feb 1, 2019

Court of Appeal Sets Gareth Hemmans Free After Quashing his Sentence

Gareth Hemmans

At the Court of Appeal, thirty-three-year-old Gareth Hemmans Junior walked out a free man after the bench quashed his conviction this murder.  He had been sentenced to eight years in prison after being found guilty of the attempted murder of Miguel Zaiden.  The incident took place on May first, 2016 when Hemmans viciously chopped Zaiden multiple times, reportedly over a woman.  Hemmans’ appeal was heard back in June 2018 and today Justices Manuel Sosa, Minnette Beltran Hafiz and Samuel Awich set aside his conviction and replaced it with an acquittal, setting him free.  In his argument, attorney Anthony Sylvester put forward that the trial judge erred in law when he failed to consider whether or not Hemmans, at the time of the incident, intended to kill Zaiden.

 

Anthony Sylvester

Anthony Sylvester, Attorney for Gareth Hemmans

“The appellant, Gareth Hemmans, he was tried before the court and he was convicted in October 2017 in relation to an incident that occurred, that goes back some time in 2011.  And he was convicted in a trial without a jury, a judge alone trial.  He appealed and the appeal was heard in June of last year and we had advanced several grounds, but the principal grounds were that there were certain aspects of the evidence of the prosecution that we thought ought not to have been considered by the judge.  There was also a ground and I’ve had an opportunity to review the decision and the ground that we prevailed on was on the basis that the trial judge did not properly consider all aspects of the evidence when he was considering whether the appellant intended to kill or not to kill the complainant.  And so, on that basis the court determined that the appeal ought to be allowed and the sentence quashed and additionally they ordered that a verdict of not guilty was to be entered which meant that the gentleman was able to go home this morning.”

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