By LYNAIRE MUNNINGS 

Tribune Staff Reporter 

lmunnings@tribunemedia.net

THE Court of Appeal has quashed the murder conviction of Marcellus Williams and substituted two lesser convictions for robbery following a successful application to reopen his appeal.

Mr Williams, along with Anton Bastian and Craig Johnson, was convicted in 2015 of the murder of American sailor Kyle Bruner and two counts of armed robbery. He was sentenced to 40 years for murder and 12 years for each robbery count. His initial appeal was dismissed in 2018.

In 2024, Mr Bastian appealed to the Privy Council, which quashed his convictions and directed the Court of Appeal to consider a retrial for manslaughter. The Crown ultimately declined to pursue the retrial, citing the time elapsed and difficulties securing witnesses. Mr Bastian was resentenced to just over eight years for robbery.

Relying on that outcome, Mr Williams applied to have his appeal reopened. He argued that it was necessary to correct a wrong decision, avoid a grave injustice, and maintain public confidence in the administration of justice.

The Crown did not object and acknowledged that the issues in Mr Bastian’s case also applied to Mr Williams. During the hearing, Jacqueline Forbes-Foster, for the Crown, confirmed that the passage of time and witness availability continued to present challenges for a retrial.

Justice Crane-Scott, delivering the ruling, said: “The only appropriate course of action is for this court to exercise our exceptional jurisdiction to reopen the applicant’s appeal in order to correct what the Privy Council has said was a wrong decision and avoid a real injustice.”

The court quashed Mr Williams’ convictions for murder and armed robbery and substituted convictions for robbery on both counts. Taking into account his time on remand since May 2013, the court sentenced him to 11 years, 11 months, and 20 days on each count, to run concurrently.

The ruling was delivered on May 6, 2025, by Justices Crane-Scott, Smith, and Hilton.

Following their convictions for Bruner’s murder, Johnson, Mr Bastian, and Mr Williams were originally spared the death penalty after the sentencing judge, Justice Indra Charles, imposed lengthy prison terms instead. The Crown later challenged that decision, seeking to have the death penalty reinstated. In a 2016 hearing, the Court of Appeal allowed the Crown to proceed with its challenge, finding no prejudice to the men, who were also appealing their convictions and sentences at the time.