Two prisoners walked into the Court of Appeal yesterday handcuffed and shackled at the feet, but when they left the courtroom they were free men, once again able to unite with their families.
Derick Bastian and Jeffrey Miller walked out of the court and away from a collective 15-year prison term, all due to an error in direction given by a Supreme Court Justice, the Court of Appeal ruled.
Both men were acquitted of manslaughter charges. Bastian was represented by attorney Murrio Ducille and Queen’s Counsel Edward Morrison. Attorney Richard Bootle represented Miller.
In March of this year, a Supreme Court jury found the duo guilty of the death of Peter Clarke, who was stabbed to death in 2001 outside the Travelers Rest nightclub in Mangrove Cay, Andros during the homecoming festival.
Miller was sentenced to 12 years and he was also found guilty of attempted murder. Bastian was given a three-year prison term.
The Attorney General’s Office was contesting Bastian’s sentence, arguing that he should spend more time behind bars.
The Court of Appeal acquitted the men on the basis that the trial judge did not properly direct the jury to consider the issue of self-defence.
Court of Appeal president, Dame Joan Sawyer stated that as a fight ensued which resulted in Clarke’s death, it was necessary for the judge to be specific and clear in the direction to consider the possibility of self-defence.
The Court of Appeal also noted that Bastian was more of a peace-maker during the fight, trying to come to the defence of his nephew Don Bastian.
Derick Bastian, brother of independent MP Whitney Bastian, and Miller were originally charged along with with four other men who were acquitted by the jury. The Court of Appeal justices are expected to give their reasons for acquittal at a later date.
The Nassau Guardian
