Magistrate Hazel Octave Hamilton recently freed a 15-year-old boy who was charged for killing his school mate, ruling that the prosecution failed to make out a prima facie case against him.
Ricky Hinds was 12 years-old when he was charged with the murder of Rayaaz Esahack, in May 2006. Both boys were enrolled at the College of Comprehensive Education at La Grange Village, West Bank Demerara when the incident occurred.
Hinds was remanded to prison pending the outcome of the Preliminary Inquiry, but the Director of Public Prosecutions (DDP) later substituted the charge of murder for manslaughter.
Hinds had reportedly lashed Esahack in the head following a fight which resulted in him sustaining severe head injuries. There were reports that the fallout was over “name-calling.” The injured Esahack was initially treated at a hospital and discharged. But he was hospitalised shortly after and he subsequently died.
Counsel for Hinds, Basil Williams, argued in his submissions to the court that the boys were ‘horsing around’ when the incident happened. He said there was no intention to kill, and argued too that no weapon was ever produced in court to indicate that his client was armed.