Murder accused goes free

A CHAMPS Fleurs man was yesterday freed of a murder charge because of the poor quality of the prosecution’s evidence. Calvin Andrews, of Mt D’Or Road, Champs Fleurs was acquitted of the July 15, 2001 murder of Kelwyn “Castro” Prince. Prince was shot dead outside Alma’s Pub in Santa Cruz during a birthday party hosted by his sister Margaret Prince. Sitting in the Port-of-Spain Third Criminal Court, Madame Justice Alice Yorke Soo Hon upheld the no-case submission made by Andrews’ attorney Nathaniel King and instructed the jury to return a not guilty verdict. According to Soo Hon, the evidence of the prosecution could only be described as “mass confusion,” since the evidence of the four identification witnesses was “riddled” with inconsistencies.

The ID parade at the Barataria Police Station in which Andrews had been pointed out as the shooter, Soo Hon said, was a “farce” because the other men on the parade did not fit the description of the assailant given to police by the witnesses and the witnesses could not have pointed out anyone else. In addition, Soo Hon said, the police had breached the rules of conduct of an ID parade by allowing one of the investigating officers to participate in the parade. Soo Hon said the evidence given by one of the State witnesses, Roger Prince, had supported the claim by the accused that he had acted in self- defence. State attorney Jennifer Martin had on Wednesday conceded that it was a case of self defence after the court had heard Roger Prince’s evidence. “It would be unsafe in a capital matter to put the case before the jury, particularly in view of the unreliability of the evidence of the eyewitnesses,” Martin had said. State attorney Denise Badrie appeared with Martin. Attorney Lemuel Murphy appeared with King for Andrews.

Wife killer freed by Appeal Court

By Theron Boodan

A Tobago man who chopped his wife of three months to death in 1995 and was sentenced to hang, was freed yesterday by the Court of Appeal. But once back in society, not a drop of alcohol for him. Alston Roberts, 53, of Mt Pleasant, Tobago, first had his sentenced reduced to manslaughter by reason of diminished responsibilities. After hearing submissions from attorney Israel Khan SC instructed by Keith Scotland, the court, comprising Chief Justice Satnarine Sharma, Justice Lionel Jones and Justice Alan Mendonca, further ordered Roberts be set free forthwith. Representing the State was Assistant DPP Roger Gaspard.

The court also had the benefit of an up-to-date report from psychiatrist Dr M Lewis, who indicated that Roberts was ready to be back in society, but must not drink any alcohol. Dr Lewis also noted that Roberts had suffered brain damage from birth. CJ Sharma then inquired if the court was to set Roberts free, was there anyone with whom he could stay. Khan informed the court that Roberts’ sister, Deborah, lived in Laventille and was willing to take in her brother. Justice Jones who delivered the judgment, announced that the court found that no useful purpose would be served to allow Roberts’ incarceration to continue. He also noted that Roberts had spent a total of nine years in prison, seven of which were on death row.

The court said it took into consideration that a life had been lost and ordered that the term already served by Roberts be his sentence for the crime. Roberts was set free but he must not drink any of alcohol. Roberts and his new bride were having some drinks on May 16, 1995. Roberts said he blacked out and when he awoke his wife was dead. She was chopped to death. He faced two trials. At his first trial in 1997, he was found guilty, but the matter was sent back to the High Court by the Court of Appeal. In 1999 he was again found guilty and sentenced to hang. In freeing Roberts yesterday, CJ Sharma commended both sides for their very helpful submissions. Khan indicated to the court that most of his research was done by Scotland, whom the court further commended.