Bahamas Press Exclusive Update on the Max Tido Case at the Privy Council

2
2485

Murder convict Max Tido on his way to court. Photo by Mario Duncanson - file

A BP EXCLUSIVE

London, UK — Court convened at 11:00 a.m., in Courtroom #3 of the Judicial Committee of the Privy Council, to a room full of people. Each row was packed with student spectators and the public at large. The front door bore a sign stating the court was full and that persons were not allowed to attend the proceedings unless there was a pre-booking, But BP’s silk robbed agent was in the room and here’s our report.

On the inside sat Five (5) Law Lords namely; Lord Rodger, Lord Brown, Lord Kerr, Lord Clarke, Lord Dyson. The Appellant (Maxo Tido) was represented by Julian Knowles, QC (http://www.matrixlaw.co.uk/Members/38/Julian%20Knowles.aspx) of Matrix Chambers who was instructed by Solicitors, Simons Muirhead and Burton and the Crown (Queen) was represented by Peter Knox, QC (http://www.3harecourt.com/Barristers/Barrister.aspx?MemberID=11) and Tom Poole (http://www.3harecourt.com/Barristers/Barrister.aspx?MemberID=22) of 3 Hare Court Chambers, of whom were instructed by Solicitors, Charles Russell LLP.

The issues raised by counsel for the appellant were:

(1) Whether the appellant’s conviction for murder is unsafe because the judge permitted a dock identification of the appellant and gave inadequate directions to the jury on identification.

(2) Whether the murder was sufficiently exceptional as to call for the death penalty; whether the sentence was flawed by the failure to the judge to obtain a psychiatric report.

During the proceedings, the fact that the prosecution depended on a witness in identifying the appellant that sat in the dock at the time of trial was considered flawed. It was stated that the appellant should have been part of a line up procedure and not isolated from other persons of whom may have looks similar or have been of the same statue and built for a more accurate identification of the suspect.

Secondly, the Lords all questioned the rationale of the prosecution not requesting a psychiatric or psychological report after the appellant admitted to using alcohol and marijuana, but not abusing the substance. In such, the Lords questioned the Crown as to whether or not the appellant (Maxo Tido) was at the present time or at the time of being apprehended receiving reformation, however, the Crown stated that Mr. Tido was not being reformed but his thoughts were that the prosecutors in the case felt that a person guilty of such a heinous crime should not, but should be punished for his actions as he showed no remorse. Counsel for the appellant then stated that the reason why the convicted (Tido) did not show any remorse is because to date he maintains his innocence and a person innocent can never truly display signs of guilt.

The Law Lords then went on to suggest that other procedures should have been followed in order to reasonably affix the death sentence to a person of whom there was no psychological or psychiatric report for, confirming that the individual was either in his right frame of mind at the time of the murder or suffered from an abnormality of the mind. There was also recommendation by the Lords that on such evidence that perhaps a determinate sentence or life sentence could have been ordered. In addition, it was also stated that the death penalty are only ordered in cases where the it is evident that the suspect was one that could not be reformed and would possibly re-commit a similar crime if allowed back into the society. On these grounds, the Law Lords stated that it was difficult to assess the probability, as there was no conclusive evidence as to the state of mind of the suspect either at the time of the alleged offense or at the present time.

Both the Crown and Counsel for the appellant concluded their submissions and the court was adjourned at 2:55 p.m. of which it was stated that the judgment will be read on a later date.

2 COMMENTS

  1. Did you know Mad Man that the truck that Maxo Tido borrowed from a friend that night had Connovers blood had brain matter under the mud guard……there is something called circumstantial evidence which fits together like a charm. They should have hung him.

  2. After fumbling and and making obvious grave mistakes, the police along which the judicial system sometimes force criminal convictions. The police often violate the rights of individuals when apprehended by taking advantage of the individuals lack of knowledge of procedures. The Judicial system ignored the fact that the accused was not identified by witnesses prior to his arraignment and done so during the trial which could have been instigated by the prosecutors, the police and even the general public by the accused being in the public’s presence by being identified by the media who was informed by the police during the arraignment that is person is charged for a crime is contrary to the constitution. Not because a person is charged and accused of a crime means that they are intact guilty of the crime. The system is not broken…the person’s who operate the system sometimes doesn’t understand its priority. Even the Prime Minister admitted that the police don’t do effective investigation. Also when giving a death or life sentence there must be no doubt that the accused person is absolutely guilty of such a crime with supporting evidence…….It is a dangerous crime to punish someone for crime they did not commit.

Comments are closed.