Nichola Joseph was yesterday cleared of the charge of murdering her common-law husband Curtis McKinnon, after Justice Jo-Ann Barlow directed a jury to return a formal verdict of not guilty.
The judge’s direction was in light of the fact that at the close of the prosecution’s case, it had presented no evidence nor did it have any further evidence to present to disprove self-defence on the part of Joseph.
After hearing the judge’s directions to the jury, Joseph, who was overcome with emotion, broke into tears as she expressed gratitude to the court.
The visibly-relieved woman hugged a female police officer before walking out of the court a free woman.
This was only after Justice Barlow had firmly admonished Joseph to see the opportunity given her as a gift and to seek guidance on the way forward from God, whatever she perceived the Supreme Being to be.
The charge against Joseph was that on July 20, 2014, at Lot 12 Plantain Walk, Vreed-en-Hoop, West Bank Demerara, she murdered Curtis McKinnon. She had pleaded not guilty upon indictment.
Her son Joshua Peroune had previously testified to hearing his mother and stepfather arguing on the day of the alleged crime, and then what sounded like a scuffle between them, before later seeing the deceased bleeding from the chest.
The young man had told the court that he was in his bedroom at the time and, after hearing the argument, he decided to go and check on his mother and the deceased, whom he referred to as “Uncle Curtis.”
He had said that when he got to his parents’ bedroom, his mother told him to leave and she left the room shortly after and walked through the kitchen to the back door area.
Peroune said that sometime after, his parents started arguing again and he heard his mother ask, “Why you hit me?”
He said that amidst further scuffling sounds, he also heard a choking sound coming from his parents’ room, but could not say who the sound was coming from. The witness said that this had again prompted him to go back to the room, where he saw McKinnon bleeding from his chest.
Asked to describe the type of relationship his mother shared with the deceased, the teen had told prosecutor Siand Dhurjon that it was “a loving relationship, no problems—that was the first time they had a problem like that.”
Responding to questions from defence attorney Sonia Parag, Peroune said that since he could not see what was happening between Joseph and McKinnon, he could not say whether she was being beaten by his stepfather, nor if she were defending herself at the time.
Police witness Lalbachand Dial had previously testified that he was present at the station when Joseph expressed remorse for killing the man. According to Dial, he was present at the station when Sergeant Singh cautioned Joseph and put the allegation to her that she had killed McKinnon. He said she replied, “Officer, I din meant to do that. I’m sorry. I wish I could turn back the hands of time. I did that because he hit me.”
Police reports had stated that McKinnon, 38, was allegedly stabbed in his neck.
