Donovan Kitching, jailed for a stabbing, can appeal. He claims lawyer errors and judge missteps led to wrongful conviction.
Kitching always said he was innocent. Last year, a trial found him guilty of serious harm, and the judge sentenced him in October. He got six and a half years, and six more months for breaking a previous sentence. Kitching represented himself at that time.
Soon after the trial, he appealed his conviction. He represented himself again at the appeal hearing, which occurred on Thursday.
Kitching argued his lawyer misrepresented him and cited errors in the judge’s summing up. He claimed the judge intervened incorrectly.
Two judges oversaw the hearing and questioned the prosecution’s lawyer, Peter Connick, about Kitching’s concerns.
Questions arose about the judge’s interventions as he spoke to the jury during evidence. Some worried about errors in the evidence summary.
The appeal will proceed due to these concerns. The judges think the summing up may be wrong and questioned the judicial intervention.
However, the judges dismissed Kitching’s claim about his lawyer. One judge explained why he allowed the appeal, focusing on the trial’s fairness.
He wondered if the judge’s actions created a fair chance, and he also questioned if the jury instructions caused an unfair conviction.
The judge advised Kitching to get a lawyer, emphasizing that permission to appeal doesn’t guarantee victory. He urged Kitching to find a good lawyer quickly.
The court learned about a related event: Michael Glover lured a man to a Douglas path in 2023. Glover has already been jailed for his involvement.
Jurors heard about a £10,000 drug debt; the victim had to create a payment plan. Otherwise, he would face consequences. The victim agreed to meet Glover planning to buy cannabis on the Cinder Path near Peel Road.
A masked man attacked him using some type of weapon. The victim raised his hand to defend himself and got hit near his ear and hand.
The victim thought he knew the attacker. Even with the mask, he recognized Kitching.
The victim ran away, and the attacker slipped and stopped the chase. The victim found an open garage and called his dad, saying he was stabbed. He suffered a deep cut on his hand, which required stitches, and had a smaller wound near his ear.