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Kaieteur News – The Guyana Court of Appeal on Wednesday dismissed the appeals filed on behalf of two deceased convicts in the Bartica Massacre case, while resentencing the two surviving appellants to life imprisonment.
The ruling was handed down unanimously by Justices Jo-Ann Barlow, Rishi Persaud and Dawn Gregory.
The matters before the court involved Mark Royden Williams, Dennis Williams, Clebert Reece and Michael Caesar, who were convicted between 2016 and February 2017 for their roles in the February 17, 2008 attack at Bartica, Region Seven (Cuyuni-Mazaruni).
During the attack, a group of heavily armed gunmen stormed the community, killing 12 civilians and three police officers. However, Mark Royden Williams and Dennis Williams died in 2023 and July 2024 respectively. Despite their deaths, appeals seeking to overturn their convictions were filed on their behalf by Attorney-at-Law Nigel Hughes.
When the murder indictments were presented in the High Court in 2016, Caesar and Reece pleaded not guilty to murder but guilty to the lesser offence of manslaughter. Royden Williams was found guilty of eight counts of murder, while Dennis Williams was convicted of seven counts of murder and five counts of manslaughter. The trial judge imposed the death penalty for the murder convictions and life imprisonment for the manslaughter convictions.
Deputy Director of Public Prosecutions Diana O’Brien had argued that the continuation of the appeals was improper. She contended that the right to appeal is statutory and does not survive the death of an appellant under the Court of Appeal Act. She further submitted that proceeding with the matters would amount to a misuse of judicial time and state resources, a position she supported with legal precedent. Counsel for the appellants argued that the appeals should proceed despite the deaths in order to review the integrity of the convictions and vindicate the appellants’ reputations posthumously. Counsel for the appellants further contended that issues of fairness and the validity of the conviction do not automatically die with the person, especially where a wrongful conviction might stain the deceased’s name.
However, during Wednesday’s hearing before the Court of Appeal, Justice Barlow ruled that an appeal is generally a personal act that cannot continue after the death of the appellant. “There is no right that exists that allows for that appeal to continue,” the judge said.
Justice Barlow acknowledged the prosecution’s contention that continuing the appeals was improper but noted that such matters could proceed only in exceptional circumstances. After examining the grounds of appeal, the court found no basis to proceed. “The court found that no such exceptional circumstances existed warranting the continuation of the appeals of the persons after they are deceased,” Justice Barlow ruled.
In delivering her ruling, Justice Barlow also referenced the circumstances surrounding Royden Williams’ death. Williams died in 2023 during a confrontation with the Joint Services in Region Seven, weeks after escaping from the Mazaruni Prison during a May 2023 breakout. It was his second escape from custody, having previously escaped from the Camp Street Prison in 2017 before being recaptured in October of that year on the Weldaad Public Road, West Coast Berbice.
Dennis Williams, meanwhile, died in custody at the Mazaruni Prison after a period of illness. Justice Barlow said Royden Williams had placed himself outside the legal system by escaping from custody. “We believe that in the case of Williams he had escaped from custody and so could not be said to be expecting the legal system to work for him because he took himself out of the system and was killed while at large. He does not stand in any better position because he died while at large, so we therefore decline to exercise our discretion to continue the appeals in the face of the deaths of the two appellants,” she explained. The court therefore dismissed the appeals filed on behalf of both deceased men.
Meanwhile, the court considered the appeals filed by Reece and Caesar, who had sought to have their sentences reduced. Justice Barlow instead imposed life imprisonment with possibility of parole. In examining the evidence, the court identified several aggravating factors, including that the killings were gang-related, high-powered weapons were used, and the attacks were premeditated.
The court also noted that the gang invaded victims’ homes, acted out of greed, and displayed a wanton disregard for human life, killing men, women and children. Although Caesar claimed he did not personally shoot anyone, the court noted that he admitted entering homes during the attack while others were firing shots. As a result, the court ruled that Caesar would serve life imprisonment with the possibility of parole after serving 30 years for each of the eight counts related to the Lusignan killings. Those sentences will run concurrently.
For the Bartica killings, Caesar was sentenced to life imprisonment with the possibility of parole after 40 years on each count, also to run concurrently. Justice Barlow noted that the Bartica massacre was the second known set of killings involving Caesar. “This court believes that despite whatever happened in the past, this appellant continued with this callous disregard for life, limb and the property of others,” she said.
In relation to Reece, the judge said the aggravating factors were similar, although there was no evidence that he personally shot anyone. However, the court found that he played a key role in the gang’s activities. “Even though there is no evidence that Reece fired a gun or carried a gun, the evidence is that he provided a vital service for the gang, which is transportation,” Justice Barlow said.
She added that Reece was aware of the gang’s criminal activities. “The Bartica killings were not the first killings by the gang. Given these circumstances a harsh sentence is warranted,” she said.
Reece was sentenced to life imprisonment on each of the 12 counts. However, the judge acknowledged his expressions of remorse. “Reece is sentenced to life imprisonment with the possibility of parole after serving 26 years on each of the 12 counts. The sentences will run concurrently and will run from November 18, 2016, the date on which he was sentenced in the High Court,” the judge ruled.
On January 26, 2004, the men were involved in the Lusignan massacre, one of the most brutal killings in Guyana’s history. During that attack, 11 people between the ages of four and 52 were shot and killed in their homes. Later, on February 17, 2008, the gunmen attacked Bartica, firing at police officers at the Bartica Police Station and elsewhere in the community. The gang eventually fled using a boat moored at the Bartica Stelling. Before leaving, one of the gunmen opened fire on passengers at the stelling, ordering them to lie face down before escaping. Twelve people were killed that day, including three members of the Guyana Police Force.
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