TWO SENIOR prosecutors have asked for time to speak with the Director of Public Prosecutions (DPP) on two grounds of challenge by the two men convicted in 2021 of the brutal murder of six-year-old Sean Luke in 2006.

On Thursday, deputy DPP George Busby and assistant DPP Sabrina Dougdeen-Jaglal sought an adjournment of the appeal of Akeel Mitchell and Richard Chatoo who are challenging their conviction by Justice Lisa Ramsumair-Hinds.

They had opted for a judge-only trial.

Presiding over their appeal, which was set for hearing on Thursday, are Justices Nolan Bereaux, Mark Mohammed, and Maria Wilson.

Busby and Dougdeen-Jaglal said there were two grounds of appeal which they want to discuss with the DPP as it could mean a “concession or two may have to be made.”

“He is the DPP we need to have his authorisation,” Busby said.

They asked for a week since Gaspard is on vacation leave, but were given until July 19.

However, Bereaux reminded that concession or not, the final decision on the merits of the appeal will be for the court.

The two grounds identified by the prosecutors deal with complaints of the judge’s application of the legal principles of joint enterprise and her failure to leave issues of felony murder and manslaughter for her consideration.

In criminal law, joint enterprise is a common law doctrine where if one or more people commit an offence and others encouraged or assisted in the crime, secondary offenders can be prosecuted as a main party to the criminal act.

In 2016, the Privy Council resettled the law of joint enterprise, introducing felony murder which is categorised as a violent arrestable offence and applies when someone commits a certain kind of felony and someone is killed in the course of it.

It is Mitchell and Chatoo’s contention that there was no evidential basis on which the judge could have found that they were the principal and secondary offenders who committed the heinous acts which caused Luke’s death.

In all, their attorneys, led by Jagdeo Singh, have filed eight grounds of complaints which also include failing to properly identify key principles in law and making inferential findings she was not entitled to.

They also contended she wrongly considered the evidence of the prosecution’s main witness, Avinash Baboolal, Luke’s neighbour, and the DNA evidence presented in the case.

“We respectfully submit that the learned trial judge committed several errors of law which would necessarily result in a miscarriage of justice,

They are also challenging their sentences, saying they were too severe.

A minimum sentence of 17 years, six months, and 13 days at the court’s pleasure was imposed on 28-year-old Mitchell, with period reviews every three years. His next review comes up on September 13, 2024.

Chatoo, 31, received a term of detention of 11 years, six months, and 13 days at the court’s pleasure. He, too, will return in three years for a sentence review by a judge.

In her sentencing, Ramsumair-Hinds said the death penalty was off the cards for the two who