THE THREE policemen who have been convicted of the murder of 52-year-old David Black, whose body was found at sea after he was beaten at the Rio Bueno police station, Trelawny, on September 10, 1995 are asking the Court of Appeal to find there was no nexus between "the alleged acts of the appellants" and the cause of death.
The appeal began on Monday and the policemen are asking the court to set aside their convictions of non-capital murder.
On November 2, 1999 the policemen were convicted in the Home Circuit Court of non-capital murder. The judge in passing sentence, recommended they must each serve nine years before they are eligible for parole.
The policemen are Sergeant Billy West, 47, District Constables Carl Wauchorpe, 41 and Rudolph Dodd, 31.
Evidence was given at the trial that three men including Black, a mechanic of Salt River, Runaway Bay, St. Ann, who all appeared to be drunk were taken to the Rio Bueno police station on the early morning of September 10, 1995 to remain there until they were sober.
Witnesses testified they saw policemen using batons to beat Black. One of the witnesses said after the police finished beating Black, he heard the police jeep driving away. Black's body was found floating at sea at Falmouth, Trelawny on September 14, 1995.
The policemen have filed several grounds of appeal complaining the judge erred in his directions to the jury on circumstantial evidence in that some of the directions were correct, some were wrong and some were inadequate.
The hearing is expected to last for the week.
