The attorneys for the accused, Senior Counsels Hubert Elrington and Simeon Sampson and Anthony Sylvester, urged on the court that their clients faced no evidence that would have convinced a jury reasonably directed to consider them guilty beyond a reasonable doubt.
The missteps of the prosecution, according to Elrington, were what led to the decision of Justice Denis Hanomansingh to free the men with no case to answer.
However, at the conclusion of the case, the panel of Manuel Sosa, Samuel Awich and Dennis Morrison announced that it would treat the hearing as the hearing of the appeal as it granted the leave to appeal.
It allowed the appeal, set aside the verdict of acquittal and ordered a retrial before Judge other than Justice Hanomansingh. Senior Counsel Sampson told reporters afterward that they will just have to try again. Director of Public Prosecutions Cheryl-Lynn Vidal appeared for the Crown.