On August 29, 2009, Martin Atherley’s world turned upside down when he learnt that his wife had been shot in the hip and was at the hospital. Six days later she died. As the five year mark approaches, he is still to get justice.
The shooter was never held criminally responsible as following an inquest the jury concluded that Veronica Atherley’s death was nothing more than an accident. As if that was not enough, a lawsuit which has been filed since 2010 is still awaiting a hearing date in the High Court.
Shaking his head as the memories flood in, Atherley is adamant that both the justice system and the police have failed him. He said that never once did the shooter, Mahendra Deonarine, apologize for his actions let alone show an interest in their wellbeing. Instead, he said, the man’s wife failed to honour a promise to give the family compensation, the day the 59-year-old newspaper vendor died.
Veronica who had been in the newspaper selling business for in excess of twenty years’ was taken to the Georgetown Hospital after being shot in the hip by the licensed firearm holder. At the time the Stewartville resident had been plying her trade in the busy Stabroek Market area.
According to reports on the said day, around 5.30 pm two men had attempted to rob the businessman and were fleeing when the man opened fire on them, hitting the vendor.
The shooter then reportedly attempted to flee after he realized that he had shot the woman but several persons pursued and apprehended him.
He was then handed over to the police.
Veronica was initially admitted as a patient in the hospital’s female surgical ward but was subsequently moved to the Intensive Care Unit (ICU) after her condition worsened. She succumbed on September 4 as a result of septic shock caused by the gunshot injury.
Shortly after her death, the woman’s relatives had expressed displeasure at the care she had received at the institution and had opined that she should have been moved earlier to the ICU. The bullet caused damage to her intestines.
Recently Atherley chronicled his failed attempts at getting justice and told Stabroek News that from all indications he has none to get. He recalled that some time in 2010 an inquest was held at the Providence Magistrate’s Court before Magistrate Leslie Sobers. He said several city constabulary ranks, Veronica’s daughter and the police testified. He said that as far as he remembers the inquest lasted for several months, and during this time Deonarine was present along with his attorney on each occasion.
He said that at no time did the man approach either him or other relatives. Atherley recalled that prior to his wife’s death, Deonarine’s wife was the first person to mention the word compensation and according to him, the woman said that they would sit down and work out a “package” but this never happened.
He said that at no point after the shooting or even during the inquest did Deonarine express his regret at what had transpired or apologize for his actions. He recalled that the man’s wife used to visit Veronica in hospital to see her and when she died, the woman was there and she even cried. “She said I am very sorry for what happened here and we got to do something about it…compensation or something,” he said.
He said too that based on the evidence presented he was confident that “something would have come out of it.” His view was that though the court asked several questions, it appeared as if it relied on the evidence that was given by Deonarine.
According to Atherley, people who witnessed the shooting were not called to the stand and this surprised him as he was certain that persons were available. He made the point that there were vendors, among other persons.
He said that subsequent to the shooting, one of those persons gave him a detailed account of what had transpired. He expressed the view that the police should have made efforts to find eyewitnesses.
The man told Stabroek News that he is concerned about the length of time it took for the inquest to start, noting that during this time eyewitnesses could have disappeared.
He said that the jurors deliberated for less than half an hour before they came back with a verdict of accidental shooting. He said that he was surprised at the verdict and that he expected the man would have been found guilty of something, especially since someone had died as a result of his actions. “A shot was fired off in a crowded area,” he said adding that he also found it strange that the court did not ask Deonarine why he did not render any assistance to Veronica immediately after the shooting occurred. He said that according to what he had gathered the man was earlier drinking beer on America Street. “After he shot the woman…he was walking away and the people start to scream out,” and it was then the city constabulary ranks held him. He said that this shooting incident is a glaring example of how important the screening of firearm applicants is. He said that persons with a firearm licence ought to know that they can’t discharge rounds in a crowded area and should not be imbibing if they have their weapon on their person.
He said that given his dissatisfaction with the outcome of the inquest he decided to take legal action. According to the documents obtained by the Stabroek News the action was filed on September 16, 2010. In the statement of claim which was prepared by attorney – at – law Kim Kyte-John, Atherley is asking for damages for negligence by Deonarine which caused his wife’s death, damages in excess of $100, 000 under the accidental deaths and personal injuries (Damages) Act) and damages in excess of $100, 000 pursuant to the law reform miscellaneous provisions Act Chapter 6:02.
Deonarine in his reply denied the allegation made by Atherley and called him to provide proof.
He said that the case is still awaiting a date for hearing as there is no judge available to hear the matter. He said that at this point he is just frustrated as he keeps hearing this over and over again.
Atherley stressed that the justice system has failed him “very very bad”.
“I am surprised at the outcome of it…I don’t really like what transpired at all”, he said that at the end of the day someone was responsible as it wasn’t his wife who shot herself dead. “She just sit down selling her papers and she met her death right there”, he stressed.
Atherley said that given the circumstances under which his wife was shot, to date he is still surprised that no criminal charge was laid against the shooter. He said that what is clear is that he fired in a crowded area and caused the death of a woman. He said expressed the view that if a robbery had taken place there was other options available to Deonarine. He said that the man could have raised an alarm and alerted city constabulary ranks.
He said that based on what he had gathered the man was walking under the market heading in the direction of the Central Fire Station when a man approached him and pulled his chain. Atherley recalled that during the inquest Deonarine had told the court that the chain snatcher apparently saw his licensed firearm which was stuck in his pants waist. According to what Atherley said the chain snatcher may have been reaching for the firearm and that is when Deonarine said he reacted and they had a scuffle. He said that Deonarine is claiming that it was during this time that the firearm went off resulting in Veronica being shot. He insisted that the man’s version is untrue, explaining that persons who witnessed the episode gave him a different version in that after the chain was snatched he shot at the fleeing men. He said too that his wife was plying her trade about twenty feet from where Deonarine was. He said that the robbers escaped with a piece of the man’s gold chain.
Atherley went on to say that up to now people are still asking him about the matter but unfortunately he has no positive news to give them. He said that it looks like he and his family are not going to get the justice that they crave: “It look like if it gon jus go down just like that; if anything changes it might be a surprise to me.” Asked if from his observations the police did enough during their investigation, he responded, “I don’t think so. It look like it happen and that’s it.”
He said that the last five years has been challenging. “She was a beautiful wife. She was a good wife to me,” he said.
