By PAVEL BAILEY

Tribune Staff Reporter

pbailey@tribunemedia.net

THE Court of Appeal has dismissed Craig Johnson’s latest bid to overturn his murder conviction for the 2013 killing of American sailor Kyle Bruner but advised him that the Privy Council may be the only remaining avenue to test his argument.

Justices of Appeal Milton Evans, Sir Ian Winder and Gregory Smith on Tuesday rejected Johnson’s attempt to reopen his appeal, which relied on the 2012 case of David Collins. Johnson argued that because his two co-accused were eventually acquitted, he too should be cleared.

Johnson’s co-accused had their murder convictions set aside on findings that they were unaware the gunman intended to kill or even had a weapon. The panel ruled that the Collins precedent does not align with Johnson’s circumstances and said there was no injustice that would warrant reopening his case.

However, while dismissing the application, the Court of Appeal told Johnson he may still apply to the Judicial Committee of the Privy Council for special leave. The judges described the point he raised as one that could benefit from determination by the apex court.

Johnson, along with Anton Bastian and Marcellus Williams, was convicted in 2015 of murdering Bruner and of two counts of armed robbery. He was sentenced to 45 years for murder and 12 years on each robbery count. His co-accused originally received 40-year sentences for murder.

Prosecutors said Johnson shot and killed Bruner on 13 May 2013 as the sailor tried to help two women being robbed at gunpoint. Johnson robbed one woman of a green handbag valued at $30 and an iPhone valued at $900. He robbed another person of a black handbag valued at $20, a black iPhone valued at $300 and $30 cash.

In 2024, the Privy Council quashed Bastian’s convictions and directed the Court of Appeal to consider a manslaughter retrial. The Crown chose not to proceed because of the passage of time and difficulties securing witnesses, and Bastian was resentenced to just over eight years for robbery.

The court also quashed Williams’ convictions for murder and armed robbery and substituted convictions for robbery on both counts. After credit for time on remand dating back to May 2013, he was sentenced to 11 years, 11 months and 20 days on each count, to run concurrently.

After the trio were convicted of Bruner’s murder, they were spared the death penalty when Justice Indra Charles imposed lengthy prison terms instead. The Crown later sought to challenge that decision. In 2016, the Court of Appeal allowed the Crown to proceed, finding no prejudice to the men, who were also appealing their convictions and sentences at the time.

Geoffrey Farquharson represented Johnson, while Jacklyn Burrows appeared for the Crown.