15 freed of murder, 2 for manslaughter in 2004

WITH the increase in murders in this country, more emphasis will be placed on the investigating capabilities of the Police Service. The gangland murders, especially in the Laventille areas, are a mater of great concern for the Police, especially the Homicide Bureau which is terribly understaffed to deal with the escalation. But in recent times, the quality of the investigation - not the quantity of the manpower - has taken centre stage as 17 persons (15 for murder) have been cleared by the court on charges of murder and manslaughter. Reason? The courts have been severely critical of the way the police conduct their investigations. In light of recent Privy Council rulings, the Trinidad and Tobago courts have no choice but to follow suit, whether they like it or not. The question of delay in bringing cases to court within a reasonable time also led to the unavailability of witnesses.

CASE 1 - It all started on January 7 with the acquittal of Narine Sooklal and Francis Mansingh. They were sentenced to death in May 1996 for the murder of Harry Narinesingh on December 10, 1992. The policeman who laid the charges left the country and the Justice of the Peace who witnessed the alleged confessions is dead.

CASE 2 - Brothers Deryck and Nixon Lashley were acquitted on January 9 after the State attorney informed the court that during the nine-year delay, the prosecution witnesses had migrated. The brothers appeared before Madame Justice Paula Mae Weekes charged with killing Chinese national Zhang Yong Xiang inside a fast food restaurant on Independence Square, Port-of-Spain, in April 1994.

CASE 3 - On January 15, Justice Weekes called for an investigation into the conduct of certain police officers and a Justice of the Peace. Justice Weekes said the State’s evidence was troubling and a cause for great concern which has left an extremely sour taste in the mouth of the court. “There was something rotten in Homicide that day,” the judge added. After conducting a voir dire, Justice Weekes ruled that the statements given by the three accused were not voluntary and therefore inadmissible. Nizam Christian, 22, Cordell John, 26, and Jason Augustine, 22, were acquitted after the State conceded that the statements were the only strong evidence against the accused.

CASE 4- Nigel Matthews, Martin Layne, and Grafton Sorzano were acquitted of murder on January 20 after Justice Herbert Volney rejected the evidence of the accomplice witness Kerry Joseph. The three had been charged with the murder of Mervyn Wright outside the Ultra Care Pharmacy, Diego Martin Main Road, on June 3, 2000.

CASE 5 - Andre Anderson Francois was freed of murder by the jury on January 23. Francois, 19, was charged with stabbing to death Ricky Ricardo Mohammed at a birthday party in September 2000. Francois was before Justice Holdip in the Port-of-Spain Criminal Court.

CASE 6 - On January 29, a man and his two sons walked out of the Port-of-Spain Magistrates’ Court after Chief Magistrate Sherman Mc Nicolls accepted a no-case submission. Jimmy Bournes and his sons Nigel Mayers and Akeido Mayers were charged with the April 22, 2003 murder of Andre Lindsey outside the National Housing Authority’s office at Lady Young Road, Morvant. The Chief Magistrate agreed that the evidence of the prosecution was tenuous and manifestly unreliable and discharged the accused.

CASE 7 - The Court of Appeal criticised the poor quality of evidence brought to court by the police. On February 3, the Appeal Court freed Latchman Deosaran, 36, and Guyanese Abdool Rafeeq Razack Shaheed. They were sentenced to death in November 2002 for the murder of Taranath Deosaran on March 19, 1992. The Court of Appeal found that the convictions were unsafe and ruled against any re-trial.

CASE 8 - Rayard Mohammed was freed of murder on February 5 after the State conceded that a confessional statement taken from him by the police was not voluntary. Trial judge Rajendra Narine described the police action as “disturbing” and added, “it is clear that the conduct of the police in this matter has left much to be desired. The clear inference was that the police officers were intent on taking a statement from a mentally sub-normal man.”