Finding that there was a failure in properly directing the jury on how to assess the state’s circumstantial evidence against him for the murder of his reputed wife, the Guyana Court of Appeal yesterday morning substituted Paul Anthony Lo-Hing’s conviction on the capital offence, for that of manslaughter.
Acting Chancellor Yonette Cummings-Edwards and appellate judges Rishi Persaud and Dawn Gregory then imposed a sentence of 30 years on the convict instead of the 83 years imposed by trial judge Navindra Singh.
In his appeal, Lo-Hing argued through his attorney Everton Singh-Lammy that the failure of the trial judge to provide adequate directions to the jury operated to his prejudice.
He argued, too, that his defence of not being at the scene was not adequately put to the jury either.
The state had, however, contested this claim and had advanced that his defence was adequately put to the jury and that there had been sufficient evidence presented by witnesses who saw the convict at the scene.
Notwithstanding the state’s position on this issue, however, the chancellor by whom the ruling was read, noted that the trial judge should have adequately put Lo-Hing’s defence to the jury, and thereafter leave it to them to decide.
In all the circumstances of the case the appellate court did not, however, find that the appellant was not liable for Gilgeous’ death and so found him guilty of the lesser offence of manslaughter.
From the 30 years imposed, the court ordered that deductions be made for time he would have so far spent behind bars.
The state’s case was presented by Prosecutor Stacy Goodings.
On December 17th, 2014 Lo-Hing was found guilty by a jury of strangling Gilgeous on August 26th, 2012 in their South Sophia apartment, and was sentenced by Justice Singh to 83 years in prison.
The state’s case was that Lo-Hing, who had a rocky relationship with Gilgeous, had strangled her and later called her brother to tell him that she was not breathing and that he should take her to a hospital.
Gilgeous’ body was first discovered by her niece in the small apartment.
According to reports, the couple had been living together for about 10 months and Gilgeous’ relatives had said she was a victim of domestic abuse and had made numerous reports to police about her situation.
Lo-Hing was convicted after his second trial, as his first ended in a hung jury.
