​Ninja Man and co-accused appeal hearing delayed again, to begin Wednesday

The long-awaited appeal hearing for entertainer Desmond 'Ninja Man' Ballentine and his two co-convicts suffered yet another delay and is now expected to start on Wednesday in the Court of Appeal.

The adjournment on Monday resulted from the Crown's late filing of its written submissions. The prosecution had been ordered to file the submissions by April 6 but did not do so until last Friday.

When the matter was called, the defence team, comprising King's Counsel Peter Champagnie and attorneys Robert Fletcher and Zara Lewis, requested additional time to review the submissions, which cite more than 40 legal authorities.

Fletcher told the court that the defence needed adequate time to properly consider the prosecution's response before the appeal could proceed.

"We believe that proper preparation involves us reading the prosecution's response and taking those submissions into account," Fletcher said. 

He added that the defence would be ready to begin the hearing if given until Wednesday.

Senior Deputy Director of Public Prosecutions Kathy-Ann Pyke apologised for the delay, telling the court that she had served an affidavit on the defence explaining the reasons for the late filing.

"For me, this type of delay is unprecedented, and I really hope it never happens again," she said, while expressing her contrition.

Pyke explained that the delay was due to a combination of pressing demands, including the reassignment of co-counsel to other courts and circuits, heavy caseloads, staff shortages, and the need to verify factual issues raised in one of the grounds of appeal.

She also disclosed that health challenges had affected her ability to review lengthy documents and noted that she has been engaged in an ongoing murder trial since January, which has further limited the time available to complete the submissions.

Pyke further told the court that while she was not opposed to the matter starting on Wednesday, she also had no objection to the hearing commencing on Tuesday.

However, the panel, comprising Justices David Fraser, Lorna Shelly Williams and Marcia Dunbar-Green, granted the defence's request and ordered that the appeal begin on Wednesday.

Ballentine, his son Janeil and Dennis Clayton were sentenced to life imprisonment in 2017 after being convicted of the 2009 murder of Ricardo Johnson, a Kingston resident.

Justice Martin Gayle imposed the sentences in the Home Circuit Court in December 2017 after the trio was found guilty the previous month of murder and shooting with intent.

The prosecution's case was that the killing stemmed from a domestic dispute in the St Andrew community of Lower Mall Road.

According to the prosecution, a day after the altercation, Ballentine, his son and Clayton returned armed with guns and other weapons, chased Johnson and another man through a fence, and opened fire. Johnson was shot in the side while attempting to fend off his attackers.

Fletcher represents Ballentine, Champagnie appears for his son, while Lewis represents Clayton.

 - Tanesha Mundle

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