Judge frees murder accused, slams attitude of DPP’s office

THE department of the Director of Public Prosecu-tions (DPP) came in for some heavy tongue-lashing yesterday from High Court judge Justice Paula Mae Weekes. She slammed the DPP for what she called, “going to the bitter end in the prosecution of some matters” when the evidence suggested they do otherwise. Weekes made her comments in the Port-of-Spain Third Criminal Court, where she upheld a no-case submission made by Osbourne Charles SC on behalf of murder accused Enrick John. A jubilant John, who stabbed Jonathan Salvary in self-defence, left the Hall of Justice giving praise to God. State attorney Jennifer Martin resisted the no-case submission. Weekes said, “There seems to be a trend in the court these days that the State will go to the bitter end in the prosecution of some matters. Perhaps, if more careful study is given to the State’s briefs, that might not be so. This court is loath to think that the State, is engaged in a ‘passing the buck’ exercise so that the court will dispose of  matters.

“Clearly from the deposition, from the outset, the State’s case was untenable. Where this is so, it amounts to nothing less than an abdication of the responsibility of the State to properly consider matters which are appearing before the court, bearing in mind, in cases such as these, where nothing that was said in evidence in this case differs from what was said in deposition,” added Weekes. “In cases such as these,” she continued, “it is really unacceptable that an accused person, especially those who cannot get bail, will have to remain in custody for a longer time than necessary. We urge the State to pay serious attention to the contents of its depositions and make professional and reasoned decisions as to whether these matters should indeed run their course — whether a trial should be undertaken.” Charles, instructed by attorney Mandavi Tiwary, submitted that there was no evidence in the State’s case to contradict John’s claim that he acted in self- defence.

The judge accepted this contention, noting that there was nothing whatsoever in the State’s case capable of disproving the question of self-defence raised in the matter. As a matter of fact, the State’s case supported self defence. Weekes said the State had not proven the element of unlawful killing, but rather the State’s evidence suggested it was a lawful killing. The no-case submission was made in the absence of the jury. When the jury was recalled, Weekes instructed the foreman to return a verdict of not guilty. The judge later explained to the jury why such a direction was given. The facts of the case were that on the night of May 31, 2002, John, who was 34 at the time and also called Keno, went to a dance at Shipwreck Pub in Enterprise, Chaguanas.

When he was about to leave the pub, he went to the bar where Salvary, 21, asked him to buy a beer. John bought Salvary a beer and one for himself. Salvary asked John to buy him another beer, but John refused and an argument ensued. Salvary threatened to take away John’s money, but John protested, telling Salvary he can’t do that. John then started walking out of the pub. Salvary followed John and confronted him, saying, “Allyuh is imps.” Salvary then slapped John. A fight started and an onlooker called to John saying, “Keno, watch out boy, the man has a knife.” John got hold of the knife and “pelt a stab” at Salvary. Salvary died from a single stab wound.