Everton Welch, who was convicted decades ago for the well-known “Dolly House” killing, has won the right to file a constitutional motion to determine whether he was lawfully sentenced for the crime since he was not even present at the sentencing hearing.
The appellate Court gave him the nod as it overturned the ruling of High Court Justice Iain Morley who had, in 2017, dismissed Welch’s constitutional claim that Justice Brian Cottle’s sentence in May 2015, was unconstitutional because he, Welch, was not at the hearing.
Justice Morley had said the argument that Welch put forward was “completely misconceived” since his lawyer, Dr. David Dorestt, was present at the sentencing hearing as the representative in 2015.
Having overturned Justice Morley’s decision, the three justices of appeal have since advised the appellant that he can now return to the High Court to mount the constitutional motion.
Read more in today’s paper