Two murder accused freed

Two men charged with murder were freed yesterday because a retired police corporal refused to return to Trinidad and testify against them at their re-trial.

The jurors in the Port-of-Spain Fifth Criminal Court were ordered by Justice Pamela Elder to return a verdict of not guilty in favour of  accused  Kizza Sealey and Marvin Headley. Both men were charged with the January 25, 1999 murder of Don Christopher Prescott, a bodyguard of businessman James Chen. State prosecutor Alexander Prince explained to the Court yesterday that Cpl Roland Holder, the prosecution’s key witness in the trial, was not willing to return to Trinidad from the USA to testify. Prince told Justice Elder that the DPP’s department was in contact with Interpol in the USA to visit Holder at his overseas residence with a view of having him return to testify, but his relatives indicated that Holder was not interested in doing so.

Prince further explained to the judge that under the law he could use Holder’s deposition and tender it into evidence. But because of an undertaking which was given by the State to the Court of Appeal that Holder will be present at the re-trial, he would not be using the deposition. In light of that, Prince said, the State would not be offering any evidence against the two accused. Attorney Joan Charles, who represents Headley, together with Ryan Cameron, commended DPP Geoffrey Henderson and Prince for the stance taken. Sealey was represented by attorneys Keith Scotland and Dawn Mohan.

In an earlier trial, Sealey and Headley were found guilty and sentenced to death, but the Privy Council remitted the case to the Court of Appeal,  saying that defence attorneys at that trial had not led evidence of  the men’s good character. The Privy Council’s judgment also stated: “Their Lordships recognise that the case against the two appellants was a very strong one and that, from a reading of the transcript, the alibi evidence appeared unimpressive.” The two men were accused of attacking Chen on Independence Square, Port-of-Spain, and trying to take away a bag containing money while on his way to deposit in the bank on the morning of January 25, 1999. Prescott, who was his bodyguard, was allegedly stabbed by the two men and died sometime later. Holder, in his testimony at the preliminary inquiry and first trial, claimed to have witnessed the murder and that he had known the assailants since they were little boys.