Calvin King and Alvin Kissoon who were given life sentences just under a month ago for murdering a security guard during a 2013 multi-million dollar heist in Lethem have both appealed their conviction and sentence.
The jointly-charged duo had been found guilty by a jury and sentenced to life imprisonment following a trial before Justice Sandil Kissoon at the High Court in Demerara.
Among other things, the men in their separate appeals argue that the judge committed several infractions which militated against a fair trial.
On this point they contend that the judge erred in law when, during the summation of the evidence to the jury, he posited several rhetorical questions to the jury which had the effect of leading the jury to conclude that they each were guilty of the offence.
Against this background, they each argue that the judge’s summation of the case was neither fair nor balanced , adding that as a result the judge usurped the function of the jury because of the manner in which the judge expressed his opinions on the evidence.
According to Kissoon in his appeal, the judge erred when he admitted a confession statement police claim he gave; while contending that the judge failed to adequately address issues to be considered by the jury from the confession statement.
The appellant contends too, that, the judge did not clearly direct the jury that statements referring to him in the confession ought not to have been used as evidence against him.
For his part, King is of the view that the judge erred when he refused to grant an application his attorney made to have his (King’s) name edited out of the confession statement which he said was made by his co-convict.
King advanced that the judge’s refusal to sever the capital indictment in order to conduct separate trials resulted in him (King) not having a fair trial.
Meanwhile, both appellants are of the view that the judge misled the jury as to the elements and law relating to joint enterprise and acting in concert in an indictment alleging a felony/murder and their participation as parties.
The charge against the two men, Alvin Kissoon and Calvin King, stated that on January 18th, 2013, they murdered John Christopher Friday during a robbery at the Lethem Post Office.
At sentencing, Justice Kissoon had said that he considered the fact that a plan to rob the post office was designed and further executed, the fact that a life was taken and the nature and gravity of the offence.
The judge sentenced the men to life imprisonment with the possibility of parole after they serve 32 years.
Reports are that the duo tied up two guards who were on duty and beat them on the day in question. It was also reported that they broke into five safes in the post office and stole $9.8 million.
They were then intercepted at the Mabura Checkpoint, some 12 hours after the robbery with a quantity of phone cards, pay slips and cash.
