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Case details

Malik Cox (Appellant) v The Queen (Respondent) (Turks and Caicos Islands)

Case ID: JCPC 2020/0047

Jurisdiction: Court of Appeal for the Turks and Caicos Islands

Case summary

Issue

This case concerns Mr Cox’s conviction for murder and whether evidence given by two individuals against Mr Cox, on which the trial judge and the Court of Appeal of the Turks and Caicos Islands relied, was credible and reliable. In particular, the Board is asked to consider what weight should be given to evidence from an accomplice in circumstances where the accomplice has signed an undertaking to give information in return for which his own murder charge will be withdrawn.

Facts

On 23 March 2018, Andreika Stubbs was shot at approximately 3:15am outside the Versace bar in Providenciales, Turks and Caicos Islands. The prosecution alleged that Mr Cox was the gunman and caused her death, intending to shoot at Tyrone Smith. Tyrone Smith had been shot in the leg during the shooting and was taken to hospital. He subsequently spoke to the police and gave two witness statements, identifying Mr Cox as the gunman in the second statement.

Anthony Francis was also at the Versace bar on 23 March 2018. He was arrested on the same day and kept in custody until he was charged with the murder of Andreika Stubbs, causing grievous bodily harm to Tyrone Smith with intent, and various offences of discharging a firearm and discharging ammunition. On 24 April 2018, Anthony Francis signed an undertaking with the Office of the Director of Public Prosecutions in which the Director of Public Prosecutions agreed to withdraw Anthony Francis’ charge of murder in exchange for Anthony Francis giving a statement that addressed various points related to the shooting. Subsequently, Anthony Francis gave his first statement to the police in which he named Mr Cox as the gunman.

Mr Cox was tried in the Supreme Court of the Turks and Caico Islands before Aziz J, sitting without a jury, and was convicted of murder and sentenced to life imprisonment. The Court of Appeal of the Turks and Caicos Islands dismissed Mr Cox’s appeal.

Parties

Appellant(s)

Malik Cox

Respondent(s)

The Queen

Appeal

Justices

Lord Lloyd-Jones, Lord Sales, Lord Hamblen, Lord Burrows, Lord Stephens

Hearing start date

12 December 2022

Hearing finish date

12 December 2022