Trial deadline for 11-year-old murder case

Prosecutors have until today to try a woman for a murder and attempted murder that took place during an armed robbery 11 years ago.

The Court of Appeal set the trial deadline for Genear “Ganja Baby” McKenzie last week after her lawyer Christina Galanos appealed a judge’s decision on an application for a stay.

McKenzie, who was arrested in September 2009, spent two years and 11 months in custody on the charges before she was released on bail.

Her trial was given eight trial dates – fixed and back-up – but the matter did not proceed for various reasons, such as the trial judge hearing another case or the unavailability of prosecution witnesses.

Three months, before the fixed trial date of November 23, Galanos had argued that the delay violated her client’s right to a trial within a reasonable time and the lapse of time was prejudicial since prosecutors had not produced a detention record that could assist in her defense.

Justice Guillimina Archer found that Galanos’ right to trial within a reasonable time had been breached. However, the judge did not grant a stay because she believed that McKenzie could still receive a fair trial.

As a result, the judge ruled that the trial occur on the fixed trial date, subject to the resumption of jury trials, or one month later.

If this did not happen, Archer said the case would be permanently stayed.

The Court of Appeal, however, said the matter against McKenzie would be stayed if the trial doesn’t proceed on Monday. The matter is unlikely to proceed as new trials have been put on hold due to the COVID-19 pandemic.

The court also awarded costs to Galanos.

The potential stay will not apply to McKenzie’s co-accused, Marvin Coleby and Rhonda Knowles.

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source https://thenassauguardian.com/trial-deadline-for-11-year-old-murder-case/