Red Fete cop out on bail

AFTER listening to submissions from both the State and defence attorneys at the Outrageous in Red murder inquiry, Chief Magistrate Sherman Mc Nicolls yesterday ruled that accused PC Dave Burnett be committed to stand trial for manslaughter, and not for murder, as was the case put forward by the State. As the ruling was read, visible relief was etched not only on the face of the accused, but on the faces of family members who attended the sitting to lend support to the accused. Burnett was initially charged with the murder of 18-year-old Kevin Cato of Chin Chin Road in Cunupia. It is alleged that Cato and his friend Ryan Solomon of Edinburgh, Chaguanas, were both shot by the officer at the Carnival fete at Pier 1 on January 24, 2004.

It is alleged there was an altercation between the shot men and the officer that led to the death of the teenager. Cato died on the spot after being shot, while Solomon survived his injuries. Solomon was among several witnesses called forward to give evidence by State prosecutor Tricia Hudlin. The matter started on February 12. During the submissions yesterday, Hudlin argued that there was mens rea for murder, and called on the Chief Magistrate to take into consideration the positioning of the injuries on both persons shot during the altercation.

Hudlin argued that the fact there were burn marks on the shirt of the deceased was great cause for concern. The act which was allegedly committed by the accused, according to Hudlin, was calculated against persons who were unarmed. However attorney representing the accused, Pamela Elder SC, dismissed the State attorney’s arguments and called on Mc Nicolls “not to be lulled into false analysis.” Elder argued that the evidence put forward by the State did not disclose murder. Burnett’s attorney made an application for bail, which was granted by Mc Nicolls in the sum of $50,000 with surety. Asked whether there was anyone in court who could stand his bail, the accused indicated that his grandmother, Beryl Sawyer, was present and would do so.