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DPP’s Office Seeks Retrial of Calaney Flowers

DPP’s Office Seeks Retrial of Calaney Flowers
June 14
15:29 2019

The Office of the Director of Public Prosecutions (DPP) is seeking to have the Court of Appeal overturn a not guilty verdict which the Supreme Court handed down in 2017 and the retrial of a woman who was charged with the murder of her ex-boyfriend and the attempted murder of his girlfriend at the time.

On Monday of this week, the Appeals Court, led by its President Justice Manuel Sosa, and Justices Samuel Awich and Minet Hafiz-Bertram, dealt with the case management, gave the attorneys, Senior Crown Counsel, Sheneiza Smith for the DPP’s office and Anthony Sylvestre for Flowers, time to prepare an outline of their arguments and to submit those to the Court, which will hear the appeal in the upcoming October session.

Flowers was acquitted of the murder of Lyndon Morrison, 29, who was the father of her baby, and the attempted murder of Morrison’s girlfriend, Sochyl Sosa. Morrison and Sosa were on his Ninja bike heading down Freetown Road on August 28, 2012 when Flowers allegedly crashed into them from behind while she was driving her burgundy Saturn car. Morrison died in the impact and Sosa was injured. The case was tried without a jury before Justice Troadio Gonzalez, who, in his ruling, could not find any evidence of intent to kill Morrison.

But on Monday, Senior Counsel Smith told the media that it is the Prosecution’s view that Justice Gonzalez erred when he “failed to consider the alternative charge of manslaughter – the statutory alternative” for the death of Morrison.

“Our appeal is based, one, on the fact that the judgment of the trial – the judge was unreasonable because having accepted the prosecution’s evidence, which was one which suggested that the accused intentionally ran the car into the deceased’s motorcycle, and therefore had the specific intention to kill. So, our position is that the judgment of the court, in finding that there was no specific intention to kill was inconsistent with him accepting our evidence, and secondly, that he failed to consider the statutory alternative, which was manslaughter,” Smith explained.

The DPP’s office had filed the appeal soon after Flowers was found not guilty, but by the time the case was called, she had left Belize. She reportedly returned two weeks ago and appeared in the Appeals Court on Monday, (June 10th.).

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