Stubbs’ lawyer: No case made for death penalty
Guardian Senior Reporter
Published: Oct 24, 2013
The prosecution has failed to discharge its burden to show beyond a reasonable doubt that Stephen Stubbs deserves the death penalty, his lawyer Murrio Ducille argued yesterday.
Prosecutors are seeking the death penalty for Stubbs, Andrew Davis and Clinton Evans, who were convicted of the murder of Constable Jimmy Ambrose in a retrial in August.
Ducille noted that all of Stubbs’ prior convictions occurred in the magistrates’ court, so there was nothing to show that he had committed offenses of a similar nature.
Ducille said that the probation report did not show that Stubbs was the “worst of the worst”, and he had committed no infractions against the prison rules while incarcerated.
He said that Stubbs had a right to maintain his innocence in the face of the conviction as innocent people had been wrongly convicted.
He said there was nothing to suggest that Stubbs was beyond reform or had a bad character.
In fact, Ducille said that Stubbs had secured employment to provide for his dependents to whom he was a good father.
Ducille said the prosecution was “ethically bound” not to seek the death penalty since they had failed to meet the requirement of giving notice of their intention at conviction.
He said there was no question that the psychiatric report in respect of Stubbs was “inadequately prepared”.
Evans’ lawyer, Romona Farquharson-Seymour, and Ian Cargill, who represents Davis, are expected to make their arguments in mitigation today.
The prosecution will then respond to those arguments before Justice Roy Jones determines an appropriate sentence.