Retrial ordered for 2 prison officers


TWO prison officers who were charged with the 2001 murder of prisoner Anton Cooper must face a second trial after the jury in the first trial failed to reach an unanimous verdict yesterday.


After deliberating for the mandatory three hours, the 12-member jury returned and revealed that it could not agree on an unanimous verdict on the murder indictment in respect of the two accused —Devindra Ramdial and Ansen Griffith.


They were charged with Cooper’s murder on June 25, 2001, at the Golden Grove State Prison in Arouca.


Justice Malcolm Holdip, presiding in the Port-of-Spain Third Criminal Court, started his summation to the trial on Monday, five weeks after the on-and-off trial began. He could not complete his summation on Monday, so he continued when hearing resumed yesterday.


The judge completed his summation at noon, after which the jury retired to consider their verdict. It was then that the three alternates were discharged. The judge, in his summation, focused on murder and manslaughter.


The courtroom was packed with relatives of the dead prisoner, relatives of the accused, and fellow prison officers, including an assistant commissioner of prisons.


Three hours later, the jury returned. When asked if they had reached a verdict in respect of the two accused, the forewoman said they could not agree. She said they needed further directions on the issue of murder and manslaughter.


Holdip said he needed assistance from attorneys, so he asked the jury to return to the jury room. On their return, the forewoman indicated that they did not reach an unanimous verdict on the murder indictment. There was complete silence in the courtroom as everyone waited on the judge to make the next move. Holdip then stated, "The jury is unable to arrive at a verdict in which they all agree. This is a hung jury. In the circumstances, you will have to have a retrial. The jury is undecided. They can’t return a verdict in this matter."


At this stage, there was total disappointment on the faces of the two accused as well as most of the people in the public gallery. Holdip then stated that the case will be put for the next cause list hearing. The accused, both dressed in Nehru suits, walked away disappointed that some decision was not arrived at after five weeks of attending court.


The disappointment of not reaching a verdict spilled onto the steps of the Hall of Justice minutes later, as there was a confrontation between one of Cooper’s sisters and a prison officer. There was an exchange of words which was witnessed by several persons. The officer had to be restrained by other officers and within seconds was wiping tears away from his face.


Cooper’s other sister, Rhonda Kernahan, said she was disappointed with the outcome. She said the last four years had been a trying period for her family and with a new trial coming, she anticipates more anxious days.

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