On November 12th 2007 – a jury convicted Elvis Myers with murder for killing his cousin Winsfield Slusher Jr. on December 26th of 2006. Two weeks later Justice Troadio Gonzalez sentenced Meyers to life in prison. Well Myers’ attorney Hubert Elrington is asking the Court of Appeal to quash the conviction, set aside the sentence and order a new trial. Elrington is arguing that at the time of the trial, Justice Troadio Gonzalez was older than the mandatory retirement age of 65 and Gonzalez failed to apply for re-appointment. If successful, the ruling could torpedo all of the cases over which Justice Gonzalez presided after his 65th birthday. We won’t know until June because that is when the Court of Appeal will consider the application. Elrington discussed the prospects for his application with us today.
Hubert Elrington, Attorney for Elvis Meyers
“I still made submissions and quoted some of the authorities which I felt controls this area of the law. But they said the matter was of such overreaching importance that what they wanted was full legal arguments, full research, full proof of facts, and they have decided to adjourn the matter until they come again in June.”
Keith Swift,
What proof do they want or need?
Hubert Elrington,
“Well to begin with, we have to show that at the time the trial began, Justice Gonzalez had reached the age of 65; that he was 65 and at least 1 day. We absolutely must prove that.”
Keith Swift,
How do you intend to do that?
Hubert Elrington,
“Well I am thinking about that right now.”
Keith Swift,
What could be the implication of this?
Hubert Elrington,
“Well the implication would be that those trials that were held during the period when the commission had expired, the Judge’s commission had expired, all those convictions would be quashed and that there would have to be retrials.”
Elrington has until April 15th to submit his arguments. The Director of Public Prosecutions will have to submit its reply by May 15th and the court will issue a ruling when it meets in June. Justice Troadio Gonzalez is still a Supreme Court Judge, but having passed retirement age, he is on a contract.
