ONE of eight men convicted for the killing of San Juan businesswoman Samdaye Rampersad in 2005, has won his appeal against his conviction.

Steve McGillvery was successful at his appeal in the Privy Council on Monday.

The British law lords will now determine if a re-trial should be ordered for him and has asked for further submissions on the issue.

McGillvery was allowed to belatedly join the appeals of his two other co-accused, Vivian Clarke and Pernell Martin after he escaped prison and was recaptured in July 2017.

Clarke and Martin were not successful in their appeals in the London court which held “that no substantial miscarriage of justice has actually occurred” at their trial.

The three were convicted of manslaughter and sentenced to 30 years in prison at a trial in 2009. Another accused, Bobby Sankar, was acquitted during that trial and five others were put on two other trials – the last which ended in 2016.

The other five – Phillip “The Boss” Boodram, Roger Mootoo, Ricky Singh, Kervin Williams and Aaron “Arc Eye” Grappie – were each convicted for manslaughter and sentenced to 28-years in prison. Their appeals are currently before the Court of Appeal and will come up again for hearing on July 22.

Rampersad was kidnapped by masked men while standing in front of her home in Petit Bourg, San Juan, on November 25, 2005.

Her body was found 41 days later in a shallow grave in a cashew field in Carolina Village, Claxton Bay. Her brother, Mervyn, was contacted several times after his sister’s kidnapping by a man who demanded a $2 million ransom for her safe release, although at that time she was already dead.

Forensic pathologist Hughvon des Vignes testified that an autopsy of Rampersad’s body showed she died of asphyxia and suffocation consistent with being buried alive.

In his testimony, the State’s main witness against the men, Nigel “Cat” Roderique claimed he was present at a meeting at which the kidnapping was planned, and at Rampersad’s eventual death. He also alleged that Rampersad was kidnapped as he and the men wrongly believed that she was the mother of a man who had owed them money for drugs.

It was the prosecution’s case that Boodram orchestrated the plan and McGillvery, Martin and Clarke kidnapped Rampersad and handed her over to other gang members who threatened, assaulted and ultimately killed her.

At their trial, they argued their involvement ended once they handed over the victim.

At their appeals, they challenged the judge’s ruling at their trial on the issue of cross-examining of Roderique on three statements he gave in relation to another murder for which he pleaded guilty. At the trial of Boodram and the others, the judge presiding over that case had allowed cross-examination on matters which the first judge had ruled inadmissible.

The men said the failure of the first judge to allow them to cross-examine the prosecution’s main witness was unfair.

It was on this argument that Clarke and Martin were unsuccessful as the Privy Council held in both their cases the test

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