By Steve Thomas

Observer Nevis Editor

(Basseterre, St. Kitts) – Appellate court will be the setting for the long legal dance that is ready to commence as the government seeks to execute four men convicted of killing a witness who was to testify in the trial of a man convicted for the murder of a police officer.

On July 15, 2008, Justice Albert Redhead sentenced four men to be hanged for the murder of Gavin “Magilla” Gilbert, who was shot to death at his home in Saddler’s Village on March 21, 2005.

The four men are Romeo “Buncum” Cannonier, Ruedeney “Denny” Williams, Louis “Tooloo” Gardner and Sheldon “Hatcher” Isaac.

In August, the government began to move ahead with the executions, but an appeal was filed on behalf of the men, according to attorney Reginald James of Basseterre. He represents two of the men.

On Sept. 30, a single judge is scheduled to hear the first motion in the process, according to Mr. James.

The first issue will be over the time allowed for the convicts’ attorneys to file the appeal. The law says the attorneys have 14 days to file the first appeal, but it is unclear whether those 14 days include Sundays, Mr. James said.

Should the judge rule in favor of the government, the next move will be to take the motion to the full three-judge appeals court, Mr. James said.

Mr. Cannonier has the distinction of being sentenced twice to hanging.

In January, 2008, Mr. Cannonier was sentenced to death by Justice Belle for the murder of police constable Delvin Nisbett on Oct. 24, 2007. The crime was committed on July 25, 2004.

The particulars of the case showed that Mr. Cannonier met the officer while walking along the road in Dieppe Bay shot him at least four times and robbed him.

In the June trial, prosecutors alleged Mr. Cannonier ordered the ‘hit’ on Mr. Gilbert from his prison confines.

Throughout the trial, Chief Prosecutor Richard Cheltenham of Barbados argued that the four men colluded to murder Mr. Gilbert in order to suppress the victim’s testimony in the murder case of Constable Nisbett. The prosecution argued that Mr. Gilbert had incriminating evidence against Mr. Cannonier.

Mr. Gilbert was slain before he got the chance to take the witness stand.

However, he gave the police a statement before he was killed.

Mr. Gilbert’s statement was used by the prosecution team to convict Mr. Cannonier of Constable Nisbett’s murder.

Three other men are presently on death row. Mr. Evanson Mitchum was sentenced on September 23, 2001; Mr. Al LaPlace was sentenced on May 30, 2006; and Mr. Travis Duporte was sentenced on July 20, 2006.

All seven men were sentenced for committing murder.