Posted: Thursday, October 6, 2022. 8:53 pm CST.
By Breaking Belize News Staff: Three Justices of Appeal ruled that Calaney Flowers, who was charged with the 2012 murder of Lyndon Morrison, and the attempted murder of Sochyl Sosa, will have a retrial.
The Justices Madam Justice Hafiz- Btram, Mr. Justice Foster, and Mr. Justice Bulkan gave an oral judgment and an accompanying 17-page written judgment detailing that there had been a miscarriage of justice at Flower’s acquittal back in 2017.
In their deposition, the Justices said, “We reiterate that the trial judge erred in law by failing to consider whether the respondent, (CF), possessed an intention sufficient to support the alternative offence of manslaughter as specifically required by section 126-1 of the Indictable Procedure Act.
This was a material error that led to a miscarriage of justice for this reason the judges order the following, 1- the crown’s application for leave to appeal Calaney Flowers’s acquittal is granted and the application treated as the appeal; 2- the appeal is allow; the verdict of acquittal set aside and a retrial ordered.”
Flowers was accused of knocking Morrison and Sosa off of his motorcycle at the roundabout near Central Assembly of God in Belize City. Morrison would receive severe injuries and die from the incident while Sosa would survive to testify at the trial.
Flowers was represented at the time by attorney Richard “Dickie” Bradley and is now represented by Anthony Sylvester.
At the conclusion of the initial trial the Director of Public Prosecutions was unsatisfied with the ruling and filed an appeal on two grounds firstly, that the acquittal was unreasonable and cannot be supported having regards to the evidence; and secondly, that having acquitted Flowers of murder, the trial judge erred by not considering the alternative offense of manslaughter.
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