Last year, 7News told you about 22 year-old Emmerson Eaghan who was convicted of the June 2009 murder of 35 year-old Dennis "Colored" Nembhard. Well, the Court of Appeal has overturned that conviction, they've ruled that he must get a re-trial.
His attorney, Simeon Sampson submitted to the Court of Appeal this morning that the trial judge misdirected the jury on how to treat the statement of the dead witness, Shelmadine "Shelly" Sanchez, who was killed August 2010. Viewers may remember that it was suspected that she was killed because she was a witness in Eaghan's case.
As we've reported, Sanchez's written statement - presented in court after she was killed - detailed the entire attack against Nembhard, and she also named Eaghan as the gunman.
After listening to the presentations from both Sampson and Director of Public Prosecution, the Appeal Court Judges agreed with Sampson's submission and allowed the appeal.
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