Appeal Court to decide cop’s fate

Seetahal was rebutting arguments from Senior Counsel Pamela Elder, who contended that her client, policeman Mihiset Greene, should not be re-tried for murder, but set free.

However, she also contended that if the court decided to order a retrial, it should be for manslaughter and not murder.

Hearing the appeal were Justices Roger Hamel-Smith, Stanley John and Ivor Archie.

During the session yesterday, there were alert salvos of questions to attorneys from the judges, especially from Archie and John.

Whatever is decided by the Appeal Court, this will be a classic case which will always be referred to in the future. What makes Mihiset’s case unique is that he was charged with the murder of Neil Sutherland, and manslaughter was put as an alternative verdict at his trial. The jury delivered a verdict of guilty of manslaughter without delivering a verdict on the murder. The issue, therefore, arises as to the validity of the manslaughter verdict.

After the court accepted the manslaughter verdict, Greene was sentenced to ten years imprisonment on April 8, 2004, at the Port-of-Spain Assizes.

The prosecution’s case was that Greene and another policeman were escorting Sutherland’s brother Ricky on April 14, 1995, at about 8.20 pm, when it is alleged that Sutherland attacked the policemen and Greene shot him with a rifle. Greene was attached to the Matelot Police Station at the time.

The court will give its judgment on a date to be announced.