BARBARA GAYLE, Staff Reporter
The man who was convicted last week of manslaughter, arising from the fatal stabbing and chopping of 64-year-old Ambassador Peter King, is contending that none of the 460 videotapes showing King's homosexual activities had been tendered in court.
Sheldon Pusey, 25, who is being represented by defence lawyer Berry Bryan, filed his appeal yesterday.
Bryan is appealing against his manslaughter conviction.
"The defence formally requested that the jury be shown at least two or three of the videos, that were recorded by the said Peter King in his homosexual activities, from the over 460 videos that were in the possession of the prosecution or the police, which could have explained the gravity and graphic extent of the danger and traumatic condition that the appellant (Pusey) would have been subjected to in such an encounter," Pusey said in court documents.
The court turned down an application by Pusey's lawyer for some of the tapes to be shown to the jury.
Pusey is also appealing against his conviction on the grounds that two knives taken from the home of the deceased had not been tendered in evidence.
Pusey said Senior Puisne Judge Marva McIntosh failed to direct the jury on the question as to whether the prosecuting counsel or Super-intendent McArthur Sutherland had the legal right to tamper or open the sealed exhibits relating to the knives. He said the judge failed to address the vital importance and serious danger that derived from their action and its implication as it related to the defence.
Prosecutors Caroline Hay and Dahlia Findlay had argued that the knives were not relevant to the Crown's case.
King was murdered at his home at 11A Waterloo Road, Kingston 10, between March 19 and 20, 2006.
Pusey said he acted in self-defence when King forced him to be intimate with him. The jury found him not guilty of murder but guilty of manslaughter. He will be sentenced in the Home Circuit Court on April 1.