The Court of Appeal on Wednesday dismissed the appeals of two deceased convicts in the Bartica massacre case and resentenced the two surviving appellants to life imprisonment.
The unanimous decision was delivered by Justice Jo-Ann Barlow.
The appeals were filed by Mark Royden Williams, Dennis Williams, Clebert Reece called “Chichi,” and Michael Caesar known as “Capone,” all of whom were convicted between 2016 and February 2017 in connection with the brutal killing of 12 persons during the February 17, 2008 Bartica massacre, which also claimed the lives of three police officers.
However, Royden Williams died in 2023 after escaping from custody and being killed while at large, while Dennis Williams died in prison in July 2024.
Addressing those appeals, Justice Barlow in her ruling said the court determined that an appeal is a personal act and generally cannot continue after the death of the appellant.
“In relation to the appeals after the deaths of Royden Williams and Dennis Williams, the court determined that an appeal is a personal act and when an appellant dies there is no right that exists that allows for that appeal to continue,” she said.
The court noted that while it has discretion to continue such matters, this is only exercised in exceptional circumstances.
“We examined the grounds of appeal in this matter and we found that no such exceptional circumstances existed warranting the continuation of the appeals of the persons after they are deceased,” Justice Barlow stated.
The court also pointed to the circumstances surrounding Royden Williams’ death.
“Further, we believe that in the case of Williams he had escaped from custody and so could not be said to be expecting the legal system to work for him because he took himself out of the system and was killed while at large,” Justice Barlow explained.
She added that had he been alive but still at large, the appeal would not have proceeded.
“He does not stand in any better position because he died while at large, so we therefore decline to exercise our discretion to continue the appeals in the face of the deaths of the two appellants,” Justice Barlow ruled.
The court then turned its attention to the sentences imposed on the two surviving appellants, Reece and Caesar, who had pleaded guilty to the lesser offence of manslaughter.
Justice Barlow said the court found that the lengthy determinate sentences imposed by the High Court were inconsistent with established legal principles.
“It was the unanimous decision of the court, based on the jurisprudence emanating from the CCJ, that determinate sentences should not exceed the maximum penalty provided by the legislation.
“The maximum penalty for the offence of manslaughter is life imprisonment. Thus, we found that sentences that reached 75 years would have exceeded what the legislature intended when it fixed life imprisonment as the maximum penalty,” Justice Barlow said.
As a result, the court set aside the High Court sentences and conducted a resentencing exercise.
In relation to Caesar’s role in the Bartica killings, the court imposed life imprisonment on each of the 12 counts with the possibility of parole after 40 years.
Justice Barlow noted that the Bartica massacre was the second known set of killings involving Caesar and that he admitted he was armed and shooting during the attack.
“This court believes that despite whatever happened in the past, this appellant continued with this callous disregard for life, limb, and the property of others,” she said.
“For the Bartica killings, Caesar is sentenced to life imprisonment with the possibility of parole after 40 years on each count. The sentences on each count will run concurrently,” Justice Barlow ruled.
Turning to Reece, Justice Barlow said although there was no evidence that he carried or fired a gun, he played a crucial role by transporting the gang.
“Even though there is no evidence that Reece fired a gun or carried a gun, the evidence is that he provided a vital service for the gang, which is transportation,” she said.
The court also considered evidence that Reece joined the gang out of fear that harm would come to him and his family, and that he had previously lived an unblemished life.
Despite those considerations, the court determined that a severe sentence was necessary.
“In the circumstances, Reece is sentenced to life imprisonment on each of the 12 counts with the possibility of parole after 26 years,” Justice Barlow ruled.
The court ordered that the sentences will run concurrently and from the date they were originally imposed in the High Court.
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