The Director of Public Prosecu-tions (DPP) has directed that the preliminary inquiry (PI) in the murder charge against local cricketer Carlyle Barton, who was accused of fatally shooting another man on Orange Walk, be reopened.
The DPP, in a statement issued yesterday, announced that by way of a letter to Magistrate Fabayo Azore, dated December 16th, 2013, it has directed that the PI be reopened for some witnesses to complete their testimony and to allow for other witnesses who had not testified during the first PI to do so.
Barton was accused of murdering D’Urban Street resident Shawn Nelson at Orange Walk, Bourda,
on May 26. Nelson was shot in the head by a man that his relatives had described as a close family friend. He was taken to the Georgetown Public Hospital in a critical condition and he died in the Intensive Care Unit the following day.
Barton was freed on November 19 at the Georgetown Magistrates’ Court after Magistrate Azore, who presided over the PI, found that insufficient evidence was offered by the prosecution and as such a prima facie case could not be made out. Absent witnesses had resulted in the matter being discharged by the magistrate to the consternation of the public particularly since the police had access to a video with what is said to be damning evidence
Subsequent to the discharge of Barton on November 19th, 2013, the DPP said a perusal of the police file revealed that there was a need for certain investigations to be carried out. On the DPP’s advice, the file was sent to the police on December 6th, 2013 for these investigations to be carried out. On December 11th, 2013 the police file was returned to the DPP’s chambers for further legal advice and is presently in the hands of the prosecutor.
Nelson’s brother, Alan Robinson, yesterday told this newspaper that his family was told that Barton left the country after the murder charge against him was discharged. “We heard that he left the country but we are happy to hear that the PI is being reopened. We need some justice,” he said.
Stabroek News understands that if the accused is not present in court, the prosecutor can request an arrest warrant and if he is present in court, he can be taken into custody and remanded to prison pending the completion of the PI.
“What is amusing to me with this case is that it started in May and every week we had to go to court till the case done. This is the most speediest trial I ever see in me whole life. Everybody else deh in jail for murder and they got to go to court till the next year. Within five months, the case done… A case like this wah deh all over the place and it was just dismissed,” Nelson noted.
