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Mullany murders: Avie Howell could now face death | Mullany murders: Avie Howell could now face death |
(about 11 hours later) | |
One of the killers of newlyweds shot on the last night of their honeymoon on Antigua will no longer be automatically exempt from the death penalty. | |
Ben and Catherine Mullany, both 31 and from Pontardawe, Swansea Valley, were shot in the head on 27 July, 2008. | Ben and Catherine Mullany, both 31 and from Pontardawe, Swansea Valley, were shot in the head on 27 July, 2008. |
Kaniel Martin and Avie Howell were convicted in July but now it has been found there was a mix up over Howell's age and he was 18 at the time. | |
A final sentencing date at Antigua's High Court has yet to be fixed. | |
The Mullanys were shot in their resort cottage on Antigua two weeks after they married. | The Mullanys were shot in their resort cottage on Antigua two weeks after they married. |
An inquest, held in Swansea in November, heard that neighbouring holiday-makers at the Cocos Hotel heard screams and gunfire early in the morning. | An inquest, held in Swansea in November, heard that neighbouring holiday-makers at the Cocos Hotel heard screams and gunfire early in the morning. |
The hearing was told that three spent cartridges were found on the floor of their chalet and there was damage to the bathroom door where it had been kicked in. | The hearing was told that three spent cartridges were found on the floor of their chalet and there was damage to the bathroom door where it had been kicked in. |
Catherine Mullany, a doctor working towards becoming a GP, died at the scene. | Catherine Mullany, a doctor working towards becoming a GP, died at the scene. |
Her husband Ben, a student physiotherapist and former soldier and police officer, died a week later after he was flown back to Swansea. | Her husband Ben, a student physiotherapist and former soldier and police officer, died a week later after he was flown back to Swansea. |
Martin, 23, and Howell, 22, were convicted of their murders, and the killing a local shopkeeper in almost identical circumstances. | Martin, 23, and Howell, 22, were convicted of their murders, and the killing a local shopkeeper in almost identical circumstances. |
'Lenient sentence' | 'Lenient sentence' |
At the end of their two-month trial, prosecutors said they would reserve judgment on seeking the death penalty. | At the end of their two-month trial, prosecutors said they would reserve judgment on seeking the death penalty. |
However, it was thought that Howell was 17 at the time of the murders, which would have resulted in him getting a more lenient sentence. | However, it was thought that Howell was 17 at the time of the murders, which would have resulted in him getting a more lenient sentence. |
But the sentencing hearing was told his date of birth was not September 1990, as the trial previously heard, but September 1989, making him 18. | But the sentencing hearing was told his date of birth was not September 1990, as the trial previously heard, but September 1989, making him 18. |
The evidence came to light after the Director of Public Prosecutions (DPP) had sought a copy of Howell's birth certificate. | The evidence came to light after the Director of Public Prosecutions (DPP) had sought a copy of Howell's birth certificate. |
Despite the revelation, both Martin and Howell's legal team urged Judge Richard Floyd to treat their clients leniently, insisting they were capable of reform. | Despite the revelation, both Martin and Howell's legal team urged Judge Richard Floyd to treat their clients leniently, insisting they were capable of reform. |
Barristers Michael Archibald and Maureen Payne Hyman both claimed Martin and Howell had shown remorse for their crimes, despite refusing to testify at their trial. | Barristers Michael Archibald and Maureen Payne Hyman both claimed Martin and Howell had shown remorse for their crimes, despite refusing to testify at their trial. |
'Huge burden' | 'Huge burden' |
They also stressed the victims in all three murders had been shot once and it was still unclear as to who pulled the trigger. | They also stressed the victims in all three murders had been shot once and it was still unclear as to who pulled the trigger. |
Mr Floyd reiterated his previous comments that he would need to consider "matters fully" and did not give a date as to when sentencing would finally proceed. | Mr Floyd reiterated his previous comments that he would need to consider "matters fully" and did not give a date as to when sentencing would finally proceed. |
However, he pledged to bring an end to the case as "quickly as possible" - adding that recent delays had been a "huge burden" on both the convicted men and their victims' families. | However, he pledged to bring an end to the case as "quickly as possible" - adding that recent delays had been a "huge burden" on both the convicted men and their victims' families. |
Though still on the statute books, capital punishment is extremely rare in Antigua. | Though still on the statute books, capital punishment is extremely rare in Antigua. |
After an intervention by the Privy Council in London in 2000, all death sentences in Antigua must be carried out within five years of conviction. | After an intervention by the Privy Council in London in 2000, all death sentences in Antigua must be carried out within five years of conviction. |
But with the appeals process always taking longer than that period, it means a death sentence has not been carried out since the early 1990s. | But with the appeals process always taking longer than that period, it means a death sentence has not been carried out since the early 1990s. |
Last week, Antiguan prosecutors said sentencing was a matter for the court's discretion - with its options including the death penalty as well as life imprisonment. | Last week, Antiguan prosecutors said sentencing was a matter for the court's discretion - with its options including the death penalty as well as life imprisonment. |