Dominic Lewis and Christopher Jenkins appear before Judicial Committee of the Privy Council
The appellant had been jointly charged with a co-defendant (R) on an indictment containing six counts relating to the robbery of Scotia Bank on Stella Maris, The Bahamas, on 31 May 2012. Counts 1 and 2 alleged armed robbery. Counts 3, 4 & 5 alleged possession of a firearm with intent to endanger life. Count 6 alleged damage.
Two masked and armed men, one described as “dark and short” (said to be R) and one as “tall and bright” (said to be the Appellant) entered the bank demanding money. Cash was taken from two employees at the bank. Damage was caused to the bank. The prosecution case was that this was a joint enterprise.
In addition to evidence from a number of bank witnesses, the prosecution relied on records of interviews and caution statements from the Appellant and from R. In his caution statement, the Appellant had made admissions which, on one reading, included a full confession to participation in a joint enterprise armed robbery, as well as to the firearms and damage allegations. At trial, the defence of both the Appellant and R was alibi. The caution statement was disavowed by the Appellant, who argued that it had been procured through the use of force. Despite challenges, the evidence was allowed in.
On 4 August 2016, the Appellant was found Guilty on Counts 3, 4, 5 & 6, but Not Guilty on Counts 1 & 2. R was found Guilty on Counts 1, 2, 5 & 6, but Not Guilty on Counts 3 & 4. The trial judge had directed the jury that they need not return the same verdicts on each count and against each defendant.
The Appellant's appeal to the Court of Appeal of the Bahamas was dismissed on 20 April 2020. The court disapproved of the direction that the jury could properly return different verdicts as between counts, and found that the jury’s decision “raised the spectre of an inconsistent verdict”. That was not least because, as they saw it, the Appellant had in his caution statement admitted his role in the robbery of the bank. However, the court held that it was not unsafe for the convictions to stand, as the Appellant had been properly convicted on Counts 3, 4, 5 & 6.
Permission to appeal to the Privy Council was granted on 15 November 2023, and the matter was heard on 28 October 2025.
Dominic Lewis and Christopher Jenkins were supported in this matter by a team at Dechert LLP, headed by Stephen Surgeoner, and including Sumridhi Kaur, Lara Morant, Zelda Offerman and Yan Shen Tan. The case had been referred by the Registrar of the Privy Council to Advocate (formerly the Bar Pro Bono Unit) after permission was granted in 2023. All involved acted on a pro bono basis.