By RAYMOND KONGWA, Guardian Senior Reporter

raymond@nasguard.com

An attorney for convicted armed-robber and rapist Marco Oliver asked the Privy Council's Judicial Committee yesterday to overturn a sentence handed down by the Court of Appeal.

James Guthrie, a London-based Queen's Counsel, who appeared as lead counsel for appellant Marco Oliver during the first case of the Judicial Committee's historic sitting here, argued that the Court of Appeal had gone beyond its jurisdiction when it handed down the sentence.

Attorney Jerone Roberts of J Roberts and Co. appeared as junior counsel for Mr Oliver and Jeanine Weech-Gomez of Dennis Gomez and Co also appeared for the appellant.

In July of 1999, Mr Oliver, who was 24 at the time, allegedly went on a two-week crime spree in the city of Freeport, committing various offenses, to some of which he later pleaded guilty.

Indicted in two sets of proceedings, Mr Oliver, while representing himself, successfully appealed to the Court of Appeal a 20 and a 10 year sentence. In 2002, the Court of Appeal reduced the 20 year sentence to 15 years and the 10 year sentence to seven.

Shortly after winning that appeal Mr Oliver moved to appeal one of two 20 years sentences for rape offenses, which the lower courts had ordered that he serve concurrently. But this time, the Court of Appeal actually increased both 20 year sentences to 32 and 25 years respectively.

Mr Guthrie argued that the 55 year sentence handed down by the Court of Appeal was excessive and that the court had gone outside of its jurisdiction by ruling on one of the sentences which had not been appealed.

He also submitted that the offenses, which were committed while Mr Oliver was under the influence of drugs and while he was seeking money to supply a drug habit, should have been tried as a series of related offenses and not separately.

Appearing for the Crown, London-based Queen's Counsel James Dingemans countered by presenting arguments in support of the Court of Appeal's rulings. He also submitted that Mr Oliver's second appeal was not of one but of the two 20 -year sentences, therefore making the increase of both prison terms within the Court of Appeal's jurisdiction. Director of Public Prosecutions Bernard Turner and Deputy Director Cheryl Grant Bethell also appeared for the Crown.

Before adjourning the matter, Senior Law Lord Bingham of Cornhill assured that the court would carefully consider the submissions of both sides. A final ruling could come during the Judicial Committee's week-long working visit to this city or it could be reserved for handing down from the court's judicial domain in the Privy Council Chamber in Downing Street, London, England.