By Alric Lindsay
On Thursday, November 21, 2024, Alvin Shaquille Ebanks appeared before the Court of Appeal to apply for leave to appeal his conviction for the robbery of $2,200 from Hell Gas station and to appeal his 12-year sentence. Regarding the conviction, Ebanks told the Court of Appeal that his lawyers did not carry out instructions as he requested and did not obtain an ankle monitor expert to prove he was at home at the time of the robbery. Concerning the sentence, Ebanks said it was “excessive.” The Rt Hon Sir John Goldring, President, The Rt Hon Sir Richard Field, Justice of Appeal and the Rt Hon Sir Jack Beatson, Justice of Appeal, disagreed, refusing leave to appeal the conviction and the sentence.
Background
According to the Court of Appeal, Ebanks, wearing a long-sleeved grey, black, and white shirt and a blue face mask, entered Hell Gas station on December 5, 2022, while Devon Kelly was counting cash and closing up.
Reportedly, Ebanks struck Kelly with what appeared to be a gun but which was actually a plastic toy gun, i.e., an imitation firearm.
Reportedly, Ebanks made off with $2,200, escaping in a Honda Civic.
While Kelly did not see Ebanks’s face, he reportedly recognized his voice as Kelly went to school with him. The incident was also caught on CCTV.
Police were called and made their way to Ebanks’s home on Vibes Lane in West Bay.
Reportedly, the police’s attention was “drawn” to a lot near Ebanks’s home, where they found a blue mask and a grey, black and white shirt. This was similar to the clothing worn by the robber, as shown on CCTV at Hell Gas station.
DNA tests were conducted on the clothing that was found, and Ebanks was linked to the items.
Reportedly, the police also discovered a partially burnt box at Ebanks’s home. The box appeared to be a box for a toy gun.
Lastly, the police found a burnt-out Honda Civic on Hetty’s lane, not far from Ebanks’s house.
Court of Appeal
In the Court of Appeal, Ebanks explained that he was at home at the time of the incident and suggested that examining his electronic monitor could prove this. He added that he instructed his previous lawyers to get an electronic monitor expert to establish this; however, his lawyers reportedly failed to do so.
Commenting on this, Ebanks said:
They saying that they never had no GPS signal. I wasn’t at the scene. Nothing puts me on the scene besides somebody saying they recognize my voice. But my monitor shows I was home for hours.
Ebanks added that if there was a problem with an electronic monitor, he would usually receive a call or visit from the authorities to resolve the issue. In this case, he did not receive a call or visit.
Ebanks continued by suggesting that there was DNA contamination in the items found in the search because an officer searched his car with one glove and a phone in his hand.
After hearing Ebanks’s submissions, the Court of Appeal said that if the conviction was based solely on Kelly’s recognition of Ebanks’s voice, there may have been an argument that the conviction was unsafe. However, the Court of Appeal said other evidence suggested that Kelly was right. This included DNA on the clothing and mask and the burnt car found near his home.
The Court of Appeal added: “We concede no reason to instruct an expert that neither can we see reason to criticize his previous counsel.”
In the circumstances, the Court of Appeal refused the application for leave to appeal the conviction.
Regarding the 12-year sentence, the Court of Appeal said that, given the circumstances and the judge’s approach, any argument that the sentence was “excessive” was “hopeless.” The application for leave to appeal the sentence was, therefore, refused.
