Shakir Mohamed, who was on trial for the murder of Shewraney Doobay, was yesterday freed after Justice Navindra Singh upheld a no-case submission made by defence attorney Maxwell McKay.
The allegation against Mohamed was that on May 24, 2011, he murdered Doobay, called “Monica,” in the course or furtherance of a robbery. He had pleaded not guilty.
Mohamed had been jointly charged with Doobay’s nephew, Mark Singh, who subsequently died.
At the close of the prosecution’s case yesterday afternoon, McKay made no-case submissions, after which Justice Singh directed the 12-member jury to formally return a verdict of not guilty.
Prosecutor Michael Shahoud indicated the state’s intention to appeal.
McKay’s submissions and the prosecution’s responses were presented during a voir dire.
The trial judge subsequently explained to the jury that the state failed to establish sufficient evidence to substantiate that it was Mohamed who had inflicted the deadly injuries on Doobay.
Referring to Mohamed’s caution statement, on which the state was relying to prove its case against him, the judge highlighted further that while the prosecution advanced that Mohamed was operating in a joint enterprise with Mark Singh, the very caution statement and the evidence led in the case did not substantiate such a pact.
Justice Singh said that he could not see where the two minds—Mohamed and Singh—would have met and had the common intention in agreement to together rob and murder Doobay.
The judge said that from the caution statement that it could be reasonably inferred that Mohamed was unaware of what Singh had gone to his aunt’s residence for on the day in question.
Making reference again to the statement, Justice Singh noted that there was evidence to suggest that Mohamed may have been an accessory “after the fact” but cautioned that that was not the charge before the court.
The judge informed the members of the jury that the case would therefore not be handed over to them, as there was not sufficient evidence for a conviction of murder.
In brief remarks to Mohamed, Justice Singh said, “Now, perhaps only you really know what happened that day.” The judge told him that he could have done things differently by reporting the matter to the police after witnessing Doobay being murdered.
Referring to the evidence presented during the trial, Justice Singh said, “I believe Mark Singh killed Mrs. Doobay, but you [Mohamed] could have and should have done things differently after, by at least going to the police.”
The judge, however, said that “perhaps in a strange turn of events, I guess justice was served in a way, as I’m told that Mark Singh has died.”
“Good luck,” Justice Singh told Mohamed. “Watch how you conduct yourself and try to do things differently,” he encouraged the visibly-relieved Mohamed.
Nephew was identified as killer
In Mohamed’s caution statement, which was read by Assistant Superintendent of Police Joel David on Wednesday, the man had purportedly told police that about two weeks before the murder, Singh told him that his aunt had him paying her rates and taxes “and like that get into he and he plan fuh kill she.”
The statement says that on the Tuesday before the murder, Singh had told Mohamed, a taxi driver, that he wanted to be dropped off at his aunt’s to give her some money.
Mohamed transported Singh, David read, but Singh told him to park away from the woman’s residence, which he did, after which they walked to house.
According to the statement, Mohamed said Singh had a hammer wrapped up in a black plastic bag and when they got to the house, Shewraney opened the kitchen door and let them in.
They told her they were hungry, the statement said, but she said she had not cooked and she prepared sandwiches and a drink for them.
Mohamed also said in the statement that Doobay’s sister, who resides in England, called and they had to leave.
According to the statement, Mohamed said they began walking out of the house when Singh took the hammer and “lash she one good set ah lash to…she head.”
The woman screamed once, David read from the statement, and Singh lashed her once more and she fell on Mohamed, who then eased her down on the kitchen floor, at which point she was still moving.
The court further heard from the statement that Mohamed said Singh dealt the woman a final blow to the head with the hammer, after which she stopped moving.
According to the statement, Mohamed said Singh then told him to remain there with his aunt, while he quickly rushed into the sitting room area where he spent some time, before returning with a bag containing something.
According to the statement, Mohamed said Singh did not show him what was in the bag, “but I think is money, because he didn’t had none; and when we reach at the ‘flat shop’ at Success, on the East Coast, he pay off the bill. He tell me he gon deal with me later; but I din know if duh de mean fuh gee me money, or kill me.”
According to the statement, Mohamed said that when they left Doobay’s house, they went to Stone Avenue and an adjoining street running east to west, where he saw Singh throw the black bag with the hammer in the intersecting gutter.
The court finally heard from the reading of the statement that Mohamed said that after he and Singh got to the flat shop, they began drinking and Singh called and left a message on his aunt’s answering machine “saying that de boy fuh de sandwich seh thanks for it.”
According to the statement, Mohamed said, “He ain’t gee me no money nor gold.”
Assistant Commissioner of Police Marlon Chapman had testified of being told by both Mohamed and Singh where they had discarded the murder weapon, which was later retrieved by investigators in a gutter in the vicinity of Doobay’s home.
Doobay, 58, was discovered lying in a pool of blood on the kitchen floor of her Lot 19 Echilibar Villas, Campbellville home.
The state was represented by prosecutors Shahoud, Narissa Leander and Siand Dhurjon. The trial commenced on Tuesday morning and saw 10 witnesses taking the stand.
At the conclusion of Mohamed’s first trial last year, a jury was unable to arrive at a unanimous verdict, resulting in the retrial.
