Pasmore Millings and another (Appellants) v The King (Respondent) (Jamaica)

Case summary

Case ID

JCPC/2025/0086

Jurisdiction

Jamaica

Parties

Appellant(s)

Andre Ennis

Pasmore Millings

Respondent(s)

The King

Issue

Are the Appellants’ convictions and sentences for murder unsafe in circumstances of an alleged plea deal on the part of an accomplice whose evidence was uncorroborated?

Facts

This is an appeal against conviction for murder. On 7 November 2007, Mr Taiwo McKenzie and Miss Janelle Whyte were reported as missing. On 9 November 2007, the couple’s dead bodies were found in bushes at Mount Salus in the parish of Saint Andrew. Mr Andre Ennis and Mr Pasmore Millings (the “Appellants”) were charged with their murder. In a trial by jury in the Home Circuit Court, the main witness called by the prosecution was from an accomplice, Mr George Cooper, who pleaded guilty of the offences of kidnap and robbery. Mr Cooper’s evidence was as follows. On 6 November 2007, he was a passenger on a motorcycle that Mr Ennis was riding when it collided with a car that Mr McKenzie was driving with Ms Whyte as a passenger. Mr Cooper’s ankle was injured and the motorcycle was damaged in the crash, Mr McKenzie said that he would pay the medical expenses and repair bill, and Mr McKenzie drove the four of them to hospital once a fifth person, Mr Millings, had come to secure the motorcycle. During discussions with the police at the hospital it was discovered that the motorcycle was not registered for use on the public roadway. Mr McKenzie said he would not pay for its repair but would pay for Mr Cooper’s medication. Mr Ennis was not happy. Mr Cooper’s evidence continued as follows. On 7 November 2007, Mr Ennis got him to arrange for Mr Millings to meet Mr Cooper to deliver the medication. This was a ruse and Mr Millings forced Mr Cooper at gunpoint to play his part in luring Mr McKenzie to the spot. Miss Whyte accompanied Mr McKenzie. Mr Ennis drove Mr Cooper, Mr Millings, Mr McKenzie, Miss Whyte and another man into the hills. Mr Ennis and Mr Millings took Mr McKenzie then Miss Whyte into the bushes with a knife-like object and returned without them and with the object that was now bloody. On the basis of this evidence from Mr Cooper, which as the judge directed was not corroborated (meaning independently confirmed by independent evidence), the jury found the Appellants guilty. On 20 June 2012 the Appellants were convicted of the murders of Mr McKenzie and Miss Whyte. On 17 September 2012 the trial judge, in respect of each count of murder, sentenced both Appellants to imprisonment for life. He ordered that each should serve 50 years’ imprisonment in respect of Miss Whyte’s death and 40 years in respect of Mr McKenzie’s death before eligibility for parole. The CA upheld the convictions but reduced these sentences to 40 years’ imprisonment. Both Appellants filed applications for leave to appeal the convictions and sentences, which were refused. The Appellants now appeal to the Board.

Date of issue

1 September 2025

Case origin

PTA

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