A judge has continued to make preparations for the retrial of the man accused of murdering four-year-old Amy Emily Annamunthodo, even as he (the accused) has signalled his intention to bring a final appeal to the Privy Council over the move.
During a virtual hearing yesterday, Marlon King’s attorney Karunaa Bisramsingh informed High Court Judge Hayden St Clair-Douglas that her client was preparing to appeal the Court of Appeal’s decision to order a retrial in his case.
Asked by St Clair-Douglas whether the Court of Appeal or the Privy Council had granted a stay of the retrial order pending the determination of King’s proposed appeal, Bisramsingh said she was not aware of such.
St Clair-Douglas said without such an order in place, he had to abide by the Appeal Court’s initial decision that King should be granted an expedited retrial.
St Clair-Douglas adjourned the case to September 22 for King’s lead attorney Mario Merritt and attorney Peter Carter, who represented him in the local appeal, to be present to report on the status of his proposed final appeal.
He also advised Bisramsingh to take instructions from King to prepare for the retrial.
King is accused of murdering Annamunthodo at his Ste Madeleine Road, Marabella, home on May 15, 2006.
Medical reports showed that Annamunthodo was burnt with cigarettes on her vagina, inner thigh, and forearm an hour before she died.
She also suffered multiple internal and external injuries throughout her body, including a broken rib and bruised organs.
In their decision in late July, Appellate Judges Alice Yorke-Soo Hon, Mark Mohammed, and Malcolm Holdip ruled that former President and High Court Judge Anthony Carmona made several errors when he presided over King’s trial in 2012.
The appeal panel ruled that in summing up the case to the jury, that eventually convicted King, Carmona misdirected them on the evidence of King’s ex-wife Lou-Ann Davis, who testified over domestic abuse she allegedly endured, and of his neighbour Anthony Rocke, who testified that he saw King punching the child 20 to 30 times while she hung from a cloth tied to her hair and attached to a door ledge.
During the trial, King claimed that he had left the child with her mother and Rocke and suggested that he (Rocke) was in fact the culprit.
In their decision, the appeal panel rejected submissions from King’s attorneys that he should be acquitted of the charge based on the inordinate length of time between the offence and an eventual retrial.
While the panel accepted that the pace of the criminal justice system was “far from ideal”, it noted that such delays were not sufficient to trump the public’s interest in having King’s innocence or guilty determined by a jury.
The retrial is being prosecuted by Indira Chinebas.