Justice delayed so accused set free

TWO BROTHERS were freed of  manslaughter yesterday after State attorney Trisha Hudlin told Justice Paula Mae Weekes the State had no evidence to present in the matter. Hudlin explained that during the nine-year delay in dealing with the matter, the State’s witnesses had migrated, so she was unable to present any evidence.

Deryck and Nixon Lashley appeared before Justice Weekes in the Port-of-Spain Second Criminal Court charged with killing Chinese national Zhang Yong Xiang inside a fast food restaurant on Independence Square, Port-of-Spain in April 1994. When the matter came up for hearing yesterday Justice Weekes pointed out that there were legal submissions by defence attorney Keith Scotland to be dealt with. Scotland had filed for a stay of proceedings on behalf of his client, Deryck Lashley, who claimed he could not receive a fair trail due to the inordinate delay in dealing with the matter. He also claimed the State’s witnesses and evidence would be prejudiced due to the delay in having the trial started. In the application, Lashley explained that he was convicted of Yong Xiang’s murder in July 1997, but he appealed his conviction.

In March 1998, he was told his appeal was allowed and his sentence would be set aside and a retrial ordered on a manslaughter charge. He said on December 15, 1999 he appeared before Justice Alice Yorke Soo-Hon on a murder indictment and she told him that in accordance with the Court of Appeal ruling he would stand trial for manslaughter. The matter was listed for a retrial on May 15, 2000, and has been fixed for trial on nine other occasions. He pointed out that the matter has been prolonged for nine years and he has suffered serious prejudice in not having the matter concluded within a reasonable time. Following the application and the State’s declaration that they did not have any evidence to present to the court, Justice Weekes directed that a not guilty verdict be returned against the two men. Yong Xiang was killed during a robbery at Chun Wok Chinese fast food restaurant. Yong Xiang, 53, who had migrated from China to Trinidad in 1986, had been operating the restaurant for one year prior to the incident.