Another TT killer escapes hangman

BASED on the decision in the Balkissoon Roodal case, another Trinidadian killer has escaped the hangman. The five Law Lords of the Privy Council yesterday dismissed the appeal against conviction of Haroon Khan. But four of the Lords agreed that the sentence be varied and the matter remitted to the TT Court of Appeal for an appropriate sentence to be imposed. One Lord disagreed and ordered life imprisonment for Khan. On May 18, 2000, Khan was convicted of murder and sentenced to death. His appeal against conviction was dismissed by the Court of Appeal on January 30, 2001.

An elderly Chinese man named Lau Hing lived and operated a beer garden at premises in San Fernando. On October 6, 1998, his premises were robbed and he was killed. The prosecution’s case was that the robbery had been carried out by four assailants — Khan, Imtiaz Ishmail, Rishi Samaroo and Junior Thwaites. Khan, Ishmail and Samaroo were charged with murder while Thwaites was granted immunity in return for his testimony. During the trial, Ishmail and Samaroo changed their plea and pleaded guilty to manslaughter while the case against Khan continued. Khan’s attorneys contended that although the judge rehearsed the evidence at some length he did not direct the jury on the legal ingredients of the crime of robbery. Khan was convicted after a jury deliberated for 90 minutes.

Khan’s main submission centred on the felony/murder rule —whether he had intended to kill Hing although he set about to rob the beer garden.The appeal was heard before Lords Bingham, Steyn, Millett, Rodger and Walker. The majority judgment was delivered by Lord Bingham. The majority agreed with the judgment of the TT Court of Appeal. The majority allowed the appeal and ordered that the matter be remitted to the TT Court of Appeal for an appropriate sentence.