Bowe v. The Queen (The Bahamas)

Privy Council Appeal No. 48 of 2000

Forrester Bowe (Junior)

Appellant

The Queen

Respondent

FROM

THE COURT OF APPEAL OF THE BAHAMAS

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JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

Delivered the 10th April 2001

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Present at the hearing:-

Lord Bingham of Cornhill

Lord Nicholls of Birkenhead

Lord Hoffmann

Lord Hope of Craighead

Lord Scott of Foscote

[Delivered by Lord Bingham of Cornhill]

The appellant appeals by special leave of the Board against the dismissal by the Court of Appeal of the Bahamas (Zacca, Carey and Burton Hall JJA) of his appeal against a conviction of murder. The appellant's grounds of appeal relate to the admissibility of a written statement signed by him after his arrest, the evidence of identification which the jury were invited to consider and the holding of a third trial on a capital charge. To understand and evaluate these grounds it is necessary to rehearse the facts of the case and the history of the proceedings in some detail.

At about 8.00 p.m. on 23 October 1992 Deon Patrick Roache was shot dead in Freeport, Grand Bahama. The police were called to the scene of the killing. They there met and took a statement from Mr Fabian Laing. The statement was to this effect:

"On Friday, the 23rd October, 1992, about 7.00 p.m., I along with my friend, Deon Roache, went by my girlfriend, Karen Forbes, apartment number 1, 12, Peridot Place in Coral Gardens. On arrival at my girlfriend's apartment, me and Deon sat down in the front room and started watching T V at about 8.00 on the above – mentioned date.

While in my girlfriend's apartment, I heard a knock on the eastern door. I then got up from where I was sitting in the couch and walk to the door. I didn't ask who it was, I just open the door a little. I then recognised that two men was there, one I recognised to be Ouncey. I then ask him what he wanted. The next man along with him then pull open the door, then grab me and asked where is the money. Free up the money. Me and him then started scuffling. The next man who was along with him then pulled out a chrome 25 pistol and he rush over Deon who was sitting in the chair by the eastern door with his gun. After I saw him pull this gun, I then get away from Ouncey and I started running out the eastern door.

While running out the eastern door, I heard a shot went off, I then heard about two more shots fired off in the front of the apartment. I then saw Ouncey and his friend got into this little Suzuki car and sped off. This car had a for sale sign on the back windshield. After they pulled off, I then went back into the apartment and I met Deon on the floor by the western door.…

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