The Eastern Caribbean Court of Appeal has dismissed a challenge by Everton Welch, bringing finality to a case tied to the 1993 murder of Rolston Samuel, the country's Comptroller of Customs. According to Antigua News Room, the ruling closes a legal matter that has stretched across more than three decades.
Samuel was found dead at his Friars Hill home on January 8, 1993, having suffered severe injuries consistent with multiple blows from a heavy object. His killing sent shockwaves through Antigua and Barbuda and led to a closely watched trial the following year.
In June 1994, a jury convicted Welch of murder following brief deliberations. The case was prosecuted by then Director of Public Prosecutions Maurice James, while Welch was represented by attorney Harold Lovell. Because Welch was 17 years old at the time of the offence, he was spared the harshest available penalty and was instead ordered detained at Her Majesty's pleasure.
Years later, Welch mounted a constitutional challenge, arguing that his rights were violated when he was absent for the formal delivery of his sentence in May 2015. The court acknowledged that he had not been properly notified of that hearing and criticised his legal representation for failing to inform the judge or seek a postponement.
However, the judges determined that the procedural shortcoming did not compromise the overall fairness of the process. They noted that all substantive sentencing arguments had already been heard with Welch present prior to the ruling, and that his attorney's attendance during the delivery of judgment was sufficient to protect his interests.
On that basis, the court dismissed the appeal and made no order as to costs. Welch has already served his sentence and was released several years ago.
