Leave Lindell Powell's murder sentence alone - Lawyer

Attorney-at-law Dionne Meyler Barrett, who is representing murder convict Lindell Powell, has asked the Court of Appeal not to disturb the sentence of her client.

Powell pleaded guilty to the January 2017 murders of Oral McIntosh and Ida Clarke and was sentenced last December to 12-years' imprisonment.

Powell would only serve 12 years as the sentences are running concurrently.

Supreme Court Justice Bertram Morrison, who tried the case, ruled that he would be eligible for parole after serving 10 years.

“Given all the circumstances, he made a wise decision, the best decision and he delivered a sentence that ought not to be changed,” Meyler Barrett said this morning, on day two of the historic prosecutorial appeal.

This is the first case brought by prosecutors since the law was changed last year giving limited right of appeal against acquittals and sentences. 

The attorney added that the learned senior judge did not err in principle or on the side of the law.

In her submission yesterday, Director of Public Prosecutions (DPP), Paula Llewellyn, argued that the sentence was "unduly lenient” and said a fixed sentence was inappropriate, given Powell's previous conviction.

Llewellyn recommended that Powell be sentenced to life imprisonment with eligibility for parole between 20 to 28 years.

“That reeks of injustice and it does so because at no point throughout this matter was there any talk of 28 years. They don't say so in their submissions either. They asked for life for 20 but in their oral they go to 28. Is this person, Lindell Powell, not a man? Hasn't he offended? Hasn't he accepted his responsibility?” Meyler Barrett asked.

The Court of Appeal will consider the submissions, review the transcripts and the arguments advanced and notify accordingly when the court's decision is ready.

Court of Appeal justices Frank Williams, Nicole Simmons and Evan Brown are hearing the matter.

The matter was adjourned at 10:32 a.m.

Follow The Gleaner on Twitter and Instagram @JamaicaGleaner and on Facebook @GleanerJamaica. Send us a message on WhatsApp at 1-876-499-0169 or email us at onlinefeedback@gleanerjm.com or editors@gleanerjm.com.