With his third trial ending in a hung jury, Calvin Bailey was yesterday cleared of the murder of 18-month-old Shaquan Nero but he was sent right back to prison because of another pending murder charge against him.
Bailey was on trial in the High Court in Georgetown for the murder of Nero, who was killed on April 4, 2007, at Amelia’s Ward, Linden.
Bailey, who pleaded not guilty, was accused of fatally stabbing the child during an attack on the boy’s mother and his then partner, Bernadette Nero.
After under just about four hours of deliberations, the 12-member jury conveyed to trial Judge Justice Priya Sewnarine-Beharry its inability to arrive at a unanimous verdict.
The foreman reported that the jurors were split, with eight of them in favour of a guilty verdict and the remainder against.
In 2013, Bailey’s two previous trials both ended in hung juries.
Bailey’s initial relief upon hearing the foreman’s announcement was immediately overcome by worry when Prosecutor Michael Shahoud informed the court that he had another murder charge pending against him and requested that he be remanded to prison.
Defence attorney Peter Hugh made a request for the file in that matter, which the prosecutor indicated to the court will be laid over to him.
The former-accused cried bitterly as police escorted led him away from the courtroom in shackles and handcuffs.
Bernadette Nero, in her testimony, had told the court that during an attack on her, Bailey fatally chopped her infant son, Shaquan, instead.
According to the woman, the attack resulted from her walking out on Bailey after he had become abusive towards her.
The woman said that during the attack, she fell backwards and as Bailey attempted to chop her to the neck, he missed and the weapon connected with Shaquan’s neck as she was holding him in one arm at the time. She had also related to the court that Bailey was not Shaquan’s father.
Meanwhile, Bailey told a court that it was Bernadette who inflicted the fatal wound on the child.
