By Elesha George
Lawyers representing Kelly Friday intend to challenge a verdict of manslaughter handed down by a nine-member jury who voted 7/2 to convict him last Friday.
Friday, who was acquitted of murder but found guilty of manslaughter, is set to be sentenced on April 19 by Justice Tunde Bakre. However, his legal team, led by Wendel Alexander, intends to appeal the verdict on the grounds of what they describe as “several misdirections” given by the judge to the jury.
Alexander said he has spoken with the convict’s family and “whatever be the sentencing given, we will seriously consider, and I have been instructed to consider appealing the conviction on the ground that there has been several misdirection to the jury”.
Twenty-year-old Friday stands accused of killing his uncle, 50-year-old Selwyn Mannix, following an altercation over a $50 debt.
One of the primary grievances raised by Friday’s legal team is the handling of the jury deliberations. Alexander claimed that the judge failed to properly guide the jury before sending them off to deliberate explaining, “I understand the complexities that the jury was faced with, I understand the challenges and so, sometimes when a court observes that these challenges would arise, a court must be extremely careful in making his or her summation to the jury and ensure that the jury gets very clear directions on the path to follow.”
According to him, the jury was called to return a verdict after six hours of deliberation, an action he described as “irregular” citing that the normal time to return a jury after deliberations is four hours.
In addition, Alexander along with attorney Wayne Benjamin Marsh said that the conclusion to determine the cause of Mannix’s death was “unacceptable” and that issues arose due to conflicting witness accounts of what happened the day Mannix was killed.
“It amazes me as to why the judge would not ask the jury to carefully consider the issue of causation when there was no autopsy, in the peculiar circumstances of this case.”
“The case turned out to be a cause celebre,” he said highlighting issues of domestic violence, family dispute, and the fact that both persons were seriously injured.
While his uncle died, Friday was treated for two fractured bones to his left arm, injuries to the head, cut on his thigh caused a “tattered” wattle stick.
Mannix was reported to have attacked his nephew with a wattle stick before Friday defended himself by stabbing him several times. The prosecution, however, argued that it was not self defense because Friday continued stabbing his uncle while he laid on the ground defenseless.
Friday has already spent three years in custody since being accused of killing his uncle in September 2021. According to Alexander, the matter may well have to be settled by the Court of Appeal or by the Privy Council.