Fox v. The Queen (St Christopher and Nevis)

Privy Council Appeal No. 66 of 2000

Berthill Fox Appellant v.

The Queen Respondent

FROM

THE COURT OF APPEAL OF ST. CHRISTOPHER

AND NEVIS

JUDGMENT OF THE LORDS OF THE JUDICIAL

COMMITTEE OF THE PRIVY COUNCIL,

Delivered the 2nd October 2001

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Present at the hearing:-

Lord Bingham of Cornhill

Lord Mackay of Clashfern

Lord Hoffmann

Lord Clyde

Lord Scott of Foscote

[Majority judgment delivered by Lord Hoffmann]

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The appellant Mr Bertill Fox is a well-known citizen of Basseterre, St Christopher, a bodybuilding champion and former Mr Universe. He owns and operates a gym. On Friday 26 September 1997 he returned from a visit to England. During his absence he had left his keys to his house and gym with his fiancée Miss Leyoca Browne. She worked in a dress shop in Basseterre named Royalty Fashions, owned by her mother Violet Browne, who was known as Babs. On the day after his return, the appellant spoke on the telephone to a friend named Edmund Tross. He was a businessman, his girlfriend Julisca Wallace was an attendant at the gym and he himself helped the appellant run it. The appellant told Mr Tross that he had "caught Leyoca and a guy".

On the morning of Tuesday 30 September 1997 Amanda Matthews, who also worked in Royalty Fashions, noticed the appellant standing on the verandah outside the shop. Leyoca went out to meet him. There was a brief conversation and they came back inside, with Leyoca leading the way. At that point Babs emerged from the back. According to Amanda, she placed herself between the appellant and Leyoca and said: "Don't come in here with that". There was a scuffle followed by a scream and then a shot. At that point Amanda Matthews ran to the bathroom and locked herself in. She heard two more shots, waited a few minutes and then came out. Leyoca had been shot once in the back. Babs had been shot in the head and side. Both women died in hospital later that day.

After the shooting, the appellant went to Mr Tross's office. There he found Leon Isaac, Mr Tross's assistant. According to him, the appellant said that he had just shot two people and wanted to see Mr Tross. He was out but Isaac contacted him by telephone. When he returned to the office, the appellant was waiting. According to Mr Tross, the appellant greeted him by saying that he had "just shot Leyoca and Babs". He explained that he had found a paper which showed that Leyoca had received $1500 from someone and had gone to confront her about it. They had got into an argument and then Babs had got between them and tried to push him outside. He did not know what happened as he took out his gun and started shooting them.

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