Wife-killer challenges conviction, claims he suffered from hyperthyroidism

A Princes Town man sentenced to hang in 2014 for the murder of his common-law wife in 2003, is seeking to have the Court of Appeal overturn his conviction.

Shawn Marcelline has challenged the integrity of his trial and has sought to introduce fresh evidence in the form of medical reports which suggest he was diagnosed, two years after the incident, with possibly suffering from hyperthyroidism.

His attorney Daniel Khan was able to convince Justices of Appeal Alice Yorke-Soo Hon, Prakash Moosai and Mark Mohammed to admit a medical report of a psychiatrist who saw Marcellinee in 2005. He was also allowed to admit several other medical reports as well as an affidavit detailing the attempts he made to get the doctor to come to court to testify.

The judges have reserved their decision in the appeal.

Testifying at the appeal on Tuesday was professor of psychiatry, Prof Gerard Hutchinson who was asked about some of the effects of hyperthyroidism and its gestational period.

Hutchinson said Marcellinee was evaluated at the St Ann’s Hospital two weeks after the incident on August 2, 2003 and there was no evidence to suggest he was suffering from hyperthyroidism. According to Hutchinson, based on the report from St Ann’s Marcelline’s mental health was found to be adequate and the alleged hallucinations he claimed to have been experiencing was not established.

He said the symptoms of hyperthyroidism would have developed over the 15 month period between the time he was evaluated at the state’s mental health facility and the diagnosis in 2005, because of his incarceration.

Some of the symptoms of hyperthyroidism, Hutchinson agreed, included bulging eyes, swollen thyroid gland, and an abnormal pulse rate and can lead to physical aggression and quicker loss of control. He said the abnormal pulse rate would have been detected at St Ann’s, but said it was “possible, but unlikely” for him to have been suffering from hyperthyroidism in 2003.

Khan also argued that the judge deprived Marcelline of the opportunity to have the jury consider provocation, pointing to an alleged taunting by co-workers about being “horned” three months before he stabbed his common-law wife to death 19 times, and her own taunting on the day of the incident.

In reply, special prosecutor Travers Sinanan said the 2005 medical report which said Marcelline had hyperthyroidism was of no assistance to the appeal, adding that the evidence of the taunts he faced was raised by the judge, who protected the appellant by telling the jury not to use it as evidence of pre-meditation.

Sinanan said while it may or may not have been a misdirection on the judge’s part, it did not diminish the remainder of his directions to the jury in his summation.

“It did not substantially prejudice the conviction,” he said, pointing out that the judge detailed other instances of alleged provocation.

“Even if there was a deficit, it does not render the conviction unsafe,” Sinanan argued.

Marcelline was sentenced to hang for murdering Juliet Cummings on August 2, 2003, at the Nipdec car park, Princes Town, where the maxi taxi stand was located. The couple separated in May 2003 after he accused Cummings of having an affair, resulting in an altercation.

She took out a restraining order against him which was subsequently dismissed because she failed to go to court and she took him to court for child maintenance.

At his trial, Marcelline claimed he remembered scuffling with Cummings in the maxi but not what happened after.

The driver of the maxi testified hearing Cummings repeatedly telling someone not to follow her and a man came in, sat close to her and the two were discussing him being taken to court for maintenance of the three children he had with her.

He said he saw the man, who he could not identify, cuffing Cummings and only realised the man had a knife when he saw him stab her in the eye.

The other passengers in the maxi ran out and a large crowd gathered, but no one came to the woman’s assistance. She was then dragged out the maxi and the driver saw him kneeling next to her before running off.

In Marcelline's testimony, he said he did not remember what happened but remember seeing Cummings in Princes Town and her telling him, he would “have to live in jail.” He said he did not remember stabbing her.