‘Zekes’ loses Privy Council appeal
Barbara Gayle, Justice Coordinator
Former Matthews Lane strongman 56-year-old Donald 'Zekes' Phipps has lost his appeal to the United Kingdom Privy Council against his double murder convictions and sentences of life imprisonment.
Phipps had filed several grounds of appeal, one of which was that the verdict of the jury could not be supported by the evidence.
He also complained about the judge's summation on the issue of voice recognition.
The Court of Appeal dismissed his appeal in 2010 and he took his case to the Privy Council last year.
In dismissing his appeal today, the Privy Council said it saw no basis for Phipps' challenge to the decisions of the courts below.
The Privy Council commended Justice Horace Marsh for his thorough and balanced summing up to the jury in a complex case.
The Privy Council also commended the Court of Appeal for its very full and convincing review of the case.
The Privy Council held that there was ample material on which the jury could reach their conclusion.
Justice Horace Marsh in sentencing him on May 30, 2006 had ordered that he must serve 30 years' imprisonment before he could be eligible for parole.
‘Zekes’ was convicted of the murder of Dayton Williams also called "Scotchbrite" and Leroy Farquharson, both or Bayshore Park, East Kingston.
Their burnt bodies with multiple gunshot wounds were found in Rose Town near Matthews Lane, Kingston in April 2005.
A witness testified at the trial in the Home Circuit Court that on the night of April 15, 2005 he telephoned Farquharson and Phipps answered Farquharson's mobile phone.
The man said he had known Phipps for more than ten years and was his close associate.
Phipps said Farquharson had refused to carry out orders and it was the last time that the witness was going to hear Farquharson's voice.
The witness said he heard Farquharson saying in a low voice "boss, boss” and then the phone went dead.