Man freed of Jouvert murder

Williams was charged with the shooting death of Andy Williams on the morning of February 11, 2002, at Back Street, Arouca.

When the matter came up yesterday before Justice Herbert Volney, Williams’ attorney Gilbert Petersen SC made an application to the court to stay the indictment.

He submitted that there was no evidence to support the indictment on the prosecution’s case — that it did not derive evidence of transferred of malice, the doctrine on which the State is relying to prove its case.

Petersen also argued that even though the accused acted in self-defence, there was no evidence in the prosecution’s case to negate that self-defence.

He said it was a textbook definition of a classic case of self-defence. Although a jury was impanelled and Williams arraigned, he was not put in charge of the jury. Petersen, instructed by Clyde Weatherhead, made the point in limine.

The law regarding Petersen’s submission states that if a man makes a mistake and caused injury to a person other than his intended target, then he is guilty of the crime as if he had achieved his objective.

But if a man shoots in lawful self-defence and kills an innocent bystander by mistake, he is not guilty of murder.