Conviction quashed for Bahamian juvenile convicted of murder

 

Edward Fitzgerald QC has today won a Bahamian appeal in the Privy Council in which it was ruled that the questioning and treatment of a 17 year old juvenile in police custody rendered the confession to a murder unreliable and unfair.

 

Sharvargo McPhee was subjected to prolonged periods of questioning without any legal advice or presence of a suitable adult and unexplained extended periods of time outside of his cell. During his 31 hour detention he was denied food or water for over 24 hours. The Judicial Committee of  the Privy Council found that that all these factors showed that the State had not proved that McPhee’s confession was reliable. And even if it was reliable, its admission was unfair and it should have been excluded. As a result an appeal against his conviction, of which he was convicted 6 years ago, has been allowed. 

 

Read the press release The Death Penalty Project.

 

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