CONVICT RAISES QUESTIONS AFTER DIFFERENT VERDICTS IN CONNECTED THEFT CHARGES
He was found guilty of stealing a $30,000 vehicle today, but Martley Holder is convinced that verdict was a miscarriage of justice.
And when Madam Justice Jacqueline Cornelius ordered a pre-sentencing report on him to help her determine what punishment he should face, the Sweet Vale, St George resident made it clear he wanted no one prying into his life.
A nine-member jury comprising four men and five women were unable to reach a unanimous verdict after two hours of deliberations which began just after noon today. But they returned just after 2 p.m. with a majority (7-2) guilty verdict on the first count that Holder stole a Toyota Hiace from Carmin Matthews sometime between May 9 and 10, 2011.
However, they found him not guilty of stealing a quantity of items from the vehicle – yams, potatoes, a scale and plastic bags worth $2,000 – also belonging to Matthews.
“I am a little confused about the guilty verdict on the first count and the second count of not guilty,” Holder, who is representing himself, told the judge when asked if he would like to address the court.
“I would like to believe that the evidence did not show possession of a vehicle at any time, notwithstanding circumstantial evidence,” he added.
Holder said while he did not have a choice but to accept the verdict, he declared that “surely it’s a miscarriage”, as he repeated that he was confused about the outcome.
But before Holder had delivered his statement, Justice Cornelius ordered the pre-sentencing report, as well as a report on his time spent on remand.
The judge said she was considering a custodial sentence for Holder and that she should have a report in hand when she is making her decision.
But Holder, who has previous convictions for theft and dishonestly obtaining services, said: “I don’t want to cooperate with any pre-sentence person.”
His sentencing hearing continues on May 8.