A man jailed for more than six years after being found guilty of stabbing a man has been given leave to appeal his conviction.
Donovan Kitching continually maintained his innocence but was convicted of wounding with intent to cause grievous bodily harm following a trial in May last year.
Kitching was representing himself during sentencing at the Court of General Gaol Delivery in October where Deemster Graeme Cook jailed him for six and a half years and a further six months consecutively for breaching a suspended sentence.
Shortly after he was found guilty, Kitching appealed against his conviction and a permission hearing at the Court of Appeal was held on Thursday where Kitching represented himself once more.
The hearing heard how Kitching had appealed conviction on the grounds of misrepresentation by his own advocate, errors in summing up by the deemster and incorrect judicial intervention.
The hearing was presided over by Judge of Appeal Anthony Cross and Deemster Alan Gough who put a number of issues raised by Kitching to prosecution advocate Peter Connick.
Questions were raised over the intervention by Deemster Cook during evidence to address the jury on certain matters.
There were also concerns there maybe inaccuracies in the summing up of evidence.
![Cinder path](https://www.iomtoday.co.im/tindle-static/image/2024/05/24/11/38/Cinder_path.jpg?width=752&height=500&crop=752:500)
The appeal judges therefore allowed the appeal to go ahead on the grounds of errors in summing up by the deemster and incorrect judicial intervention.
Kitching’s claims of misrepresentation by his own advocate were dismissed by the deemsters.
Deemster Cross said: ‘I am granting permission for this appeal based on whether the deemster’s intervention rendered a fair trial possible and whether there was misdirection to the jury which renders the conviction unsafe.’
But Deemster Cross told Kitching he will need to be represented by an advocate.
He said: ‘Granting permission for this appeal does not mean the appeal will be successful.
‘These are complex legal issues and you will need to find a good lawyer. You need to get your act together and get one quickly.’
The court previously heard how a man was lured by Michael Glover – who has already been jailed for 28 months for his part - to the Cinder Path in Douglas on August 19, 2023 on the pretext of doing a drug deal.
Jurors heard threats were made over a £10,000 drug debt with the victim told he had to come up with a payment plan or there would be ‘consequences’.
The victim agreed to meet with Glover on the Cinder Path off Peel Road, Douglas, to buy some cannabis.
He was suddenly attacked by a masked man wielding some sort of implement. He put up his hand to defend himself and was struck around his ear and his hand.
Despite the attacker wearing a ski-type mask, the victim claimed he recognised the attacker as Kitching.
The victim said he fled down the path, pursued by the attacker who slipped and stopped chasing him. On reaching Ballakermeen Road, the victim spotted an open garage door and ran into the first property he could and rang his dad to tell him he had been stabbed.
He sustained a 4cm deep cut to his left hand which required six stitches and also a 1.5cm wound to his head by his ear.