By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A LAWYER yesterday successfully contested a recent amendment in the Juries Act, which reduces the number of peremptory challenges from ten to four in murder cases.

Ramona Farquharson-Seymour raised the issue in the case of 24-year-old Daniel Rolle before Justice Roy Jones on Friday, citing the Court of Appeal’s ruling in the case of Raleigh Seymour to support her claim that Rolle had a right to ten peremptory challenges during jury empanelling at trial.

In September 2014, the appellate court ordered a retrial for Edmar Johnson and Seymour, who were previously convicted of being involved in a $500,000 drug smuggling plot, on the basis that the two were denied their right to give an unsworn statement when leading their defence at their previous trial.

The court ruled that in this case, the amendment of the law in 2011, which removed the right to give unsworn testimony, did not arise and in sending the case back to the lower court, it quashed the convictions and sentences.

Mrs Farquharson-Seymour argued that Rolle,who faces trial in connection with the January 15, 2012, fatal shooting of Dennis Tynes, was indicted in the Supreme Court two years before last November’s amendment took effect.

She added that the amendment did not state it would be retroactive.

Crown prosecutor Roger Thompson, in reply, urged the court to bear in mind that Rolle had no constitutional right to peremptory challenges and that the jury, itself, had a right to be free of discrimination, which occurred more often than not prior to the amendment of the Act.

He further argued that there was no reason to suggest that Rolle was not able to receive a fair trial as a result.

Yesterday, Justice Jones upheld Mrs Farquharson-Seymour’s application and ruled that Rolle will be allowed the ten challenges if his trial goes ahead on August 24 despite the tentative date of May 2017.

The Crown intends to appeal this.

Mrs Farquharson-Seymour was assisted by Candice Hepburn in the constitutional proceedings while Mr Thompson and Gordon Soules appeared for the Crown.