The prosecution involved in the murder case of a police officer is seeking the death penalty against three convicts, a decision the defence attorneys said they were not made aware of until yesterday morning.

Stephen ‘Die’ Stubbs, Andrew Davis and Clinton Evans will all however, have to wait at least until today before they are sentenced.

The men were all found guilty of murder back on July 25 of the 1999 murder of police constable Jimmy Ambrose back in March 1999.

Before Supreme Court Justice Roy Jones Wednesday morning, Murrio Ducille, who represents Stubbs, said that the prosecution had not complied with a practice direction in reference to the death penalty.

Court documents have revealed that the prosecution is seeking the death penalty for all three men.

Mr. Ducille said however that he just received notice of the prosecution’s position when he received their bundle Wednesday morning and that it should have been communicated to him on the date of conviction – July 25.

Ian Cargill, who represents Davis, agreed with Mr. Ducille noting that the prosecution was “going above their duty and should remain neutral.”

Ramona Farquharson-Seymour, who represents Evans, agreed as well echoing sentiments of Mr. Ducille.

She added that the prosecution had a right to let the defence know that they were seeking the death penalty in writing.

Mrs. Farquharson-Seymour also said the document, which she just received Wednesday morning, did not even point out the grounds under which the prosecution is seeking the death penalty.

Meanwhile, Director of Public Prosecutions (DPP), Vinette Graham-Allen refuted the attorneys claims noting that she was relying on legislation recently amended by the government.

She referred specifically to the penal code amendment act 2011 and said the legislation supersedes the practice direction which all three attorneys relied on.

She also noted that the prosecution asked for a psychiatric report to be done on the day of conviction.

She said those kinds of reports are only requested when the death penalty is being sought.

The defence attorneys disagreed however noting that psychiatric reports are requested in other types of criminal matters.

The matter has been adjourned to Thursday at 11:00 a.m.