Dorian Marshall has walked free after the Antigua and Barbuda Court of Appeal quashed his murder conviction, set aside his 40 year sentence and ordered that he must not be retried.
Marshall had been convicted and sentenced for the murder of Xavier Thomas on August 18, 2017.
However, the Court of Appeal found there had been major deficiencies in the evidence against Marshall.The Court said it its ruling, “The quality of the identification evidence was poor, and since there was no other evidence which supported its correctness, the learned trial judge…ought to have withdrawn the case from the jury at the end of the case for the prosecution and direct an acquittal.”
Marshall and two other defendants had been charged for Thomas’ murder.
The jury had convicted Marshall, but failed to arrive at verdicts for the other two defendants.
The appeal was heard last October and the three Justices of Appeal handed down their order on Thursday.
The appellant was represented by Wendel Alexander and Wayne Marsh, while Shannon Jones Gittens represented the Crown.
