Shonovia Thomas with one of her lawyers Tanania Small Davis in 2010. File Photo VINO

This means that the judgement will be handed down at a later date and could be before April’s sitting of the next session of the Court of Appeal here in the Virgin Islands.

Thomas, then 22, was found guilty by a jury of manslaughter by reason of provocation when her trial wrapped up in the High Court on June 15, 2010. A month later she was sentenced to 10 years in prison.

Her legal team was seeking to have her conviction overturned or her sentence reduced to not more than five years.

During the appellant lawyers’ submission, the appeal court was told that the judge who presided over the case, Justice Indra Hariprashad Charles, had allegedly led the jury in the direction of provocation throughout the case and pointed out sections of the case where she claimed the Judge was leaning towards provocation in her statements and even stated that before the case had started, the Judge had already taken that direction.

One of her lawyers, Tanania Small-Davis also expressed concern with the judge’s benchmark of a 15 year sentence and noted that her 10 year sentence was in reality 12 years since her 14 months that was spent in remand was taken into consideration. Ms. Davis’ submission was that the judge, in giving the sentence, should not have relied on Thomas’s school records and previous convictions related to indecent language, disorderly conduct and resisting arrest.

Case Background

In her defense, Thomas stated that after she entered Todman’s home that evening she was pushed to the ground several times and stabbed the 43 year-old with a rat-tail comb from her purse only once in self-defense.

It was revealed in autopsy that the stab wound severed a main artery, killing Todman. She was arrested when she arrived at Peebles hospital the same night when she allegedly heard ambulance sirens leaving Todman’s home.

However, in the notice of appeal filed by Thomas’ legal team on July 26, 2010, it revealed that the defense is asking that the Court of Appeal either to overturn her conviction and enter “a verdict of acquittal” or to reduce her sentence to “not more than five years’ imprisonment,” taking into account “19 months on remand in calculation of [Ms. Thomas’] service of her sentence.”