Tevin Andrewin’s Appeal Blocked by Caribbean Court of Justice

In late October, the Caribbean Court of Justice (CCJ) dismissed an application for an extension of time to apply for special leave in the Belizean murder case of Tevin Andrewin v. The King.

The court provided its reasons for the dismissal on December 13, 2024.

Andrewin, convicted of murder and sentenced to life imprisonment with eligibility for parole after 25 years, sought to challenge his conviction. His appeal was based on the identification testimony of eyewitness Shiyana Allen and res gestae evidence from the victim, Myrick Gladden, who identified Andrewin as the shooter shortly after the incident. The majority in the Court of Appeal upheld the conviction, finding no unfairness in the identification process despite some procedural flaws. However, a dissenting opinion argued that these errors rendered the conviction unsafe.

Andrewin claimed that his attorney failed to inform him of the Court of Appeal’s judgement in a timely manner, causing a delay in his application for special leave to appeal. The CCJ acknowledged the delay and emphasised the need for greater professionalism among attorneys. Despite recognising Andrewin’s valid reason for the delay, having filed the application within 18 days of retaining pro bono counsel, the court ultimately found that the procedural flaws did not affect the fairness of the identification process. Additionally, the res gestae evidence was deemed powerful and unambiguous, supporting the conviction.

The CCJ noted that no arguments were presented in the Court of Appeal to challenge the sentence imposed by the High Court judge, nor were any raised before the CCJ to warrant interference with the sentence. Consequently, the court dismissed Andrewin’s application, finding no realistic chance of success in his appeal.

In 2019, 7 years after the fatal shooting of Gladden, Andrewin was found guilty of his murder. The trial, which began on February 25, 2019, and concluded on March 20, 2019, was heard before Supreme Court Justice Colin Williams in a judge-only proceeding.

The incident occurred on June 24, 2012, when Gladden, his common-law wife, and his brother were walking home along Administrative Drive in the Saint Martin’s de Porres area just after midnight. The group came under attack, and Gladden’s wife was shot in the calf. She recounted seeing her husband fall to the ground while her brother-in-law fled. She claimed that Andrewin approached her with a gun, but she escaped and hid under a verandah, where she allegedly witnessed Andrewin stand over Gladden and shoot him at close range.

During the trial, Andrewin, represented by attorney Hector Guerra, denied the allegations, calling the evidence weak and presenting no witnesses in his defense. However, Justice Williams ruled otherwise, finding Andrewin guilty of the crime.