Murder-Accused Alcedo Tyson Granted Bail
Alcedo Tyson, who was in jail awaiting a new trial for the 2012 murder of his former girlfriend, Kwanna Todd-Rhymer, has been granted bail by a High Court Judge.
According to information received by BVI Platinum News, Justice Richard Floyd heard the bail application in December and last week granted Tyson bail in the amount of $200,000 signed surety with strict conditions.
According to court documents, Tyson was represented by Attorney-at-Law, Michael Maduro.
A written judgment is expected from Justice Floyd within the coming days which will explain the arguments considered and the reason behind the judgment.
BVI Platinum News will provide further details when the written judgment is released.
Todd-Rhymer, affectionately known as ‘Kay-Kay’, was shot and killed in the CSY parking lot, Baughers Bay on March 16, 2012. Tyson turned himself over to the police and was subsequently charged.
On June 13, 2013, Tyson was convicted of Todd-Rhymer’s murder and sentenced to a term of life imprisonment without the possibility of parole.
Tyson’s sentence was set aside in November of 2017 following a successful appeal on constitutional grounds. Tyson in the appeal contended that section 27(b) of the BVI Jury Act, which gives the Crown the unlimited right to stand-by jurors in criminal proceedings, infringes the equality of arms provision enshrined in section 16 (the fair hearing provision) of the Virgin Islands Constitution Order 2007.
At Tyson’s trial the Crown stood-by 21 potential jurors without ascribing any reason. Tyson contended that this was likely to lead the fair-minded observer to find that the selection of an independent and impartial tribunal was biased.
The court held that section 27(b) of the Jury Act is unconstitutional due to the extreme disparity it creates in the jury selection process.
In allowing the appeal, the court held that section 27(b) of the Act infringed the appellant’s substantive fundamental right to a fair trial by an impartial court as the perception of bias in the selection process may have resulted in the perception of bias during the trial, and in effect rendered his conviction unsafe.
Tyson had been awaiting a new trial since the 2017 appeal court ruling.
According to court documents, Tyson was represented by Attorney-at-Law, Michael Maduro.
A written judgment is expected from Justice Floyd within the coming days which will explain the arguments considered and the reason behind the judgment.
BVI Platinum News will provide further details when the written judgment is released.
Todd-Rhymer, affectionately known as ‘Kay-Kay’, was shot and killed in the CSY parking lot, Baughers Bay on March 16, 2012. Tyson turned himself over to the police and was subsequently charged.
On June 13, 2013, Tyson was convicted of Todd-Rhymer’s murder and sentenced to a term of life imprisonment without the possibility of parole.
Tyson’s sentence was set aside in November of 2017 following a successful appeal on constitutional grounds. Tyson in the appeal contended that section 27(b) of the BVI Jury Act, which gives the Crown the unlimited right to stand-by jurors in criminal proceedings, infringes the equality of arms provision enshrined in section 16 (the fair hearing provision) of the Virgin Islands Constitution Order 2007.
At Tyson’s trial the Crown stood-by 21 potential jurors without ascribing any reason. Tyson contended that this was likely to lead the fair-minded observer to find that the selection of an independent and impartial tribunal was biased.
The court held that section 27(b) of the Jury Act is unconstitutional due to the extreme disparity it creates in the jury selection process.
In allowing the appeal, the court held that section 27(b) of the Act infringed the appellant’s substantive fundamental right to a fair trial by an impartial court as the perception of bias in the selection process may have resulted in the perception of bias during the trial, and in effect rendered his conviction unsafe.
Tyson had been awaiting a new trial since the 2017 appeal court ruling.
