Owing to insufficient evidence, Justice Sandil Kissoon yesterday threw out a murder charge laid against Sherland Joseph and Lowell Hope, who have spent almost a decade behind bars on the allegation that they killed Port Kaituma teen Kennedy Creame
Conceding that there was indeed not enough evidence for the men to be placed on trial, Prosecutor Tuanna Hardy had no objections to the motion-to-quash that was brought by defence attorney Maxwell McKay.
When the case was called yesterday morning, McKay, citing a number of case law authorities, made an application for the proceedings against his clients to be quashed, arguing that there was insufficient evidence for the case to have been tried before a jury.
In her address to the court, Hardy conceded that apart from an alleged statement contained in a caution statement of one of the former-accused making certain allegations against the other, there existed no other evidence which could be presented to the court.
She accepted McKay’s arguments that there was no independent evidence that could be presented at a trial or any eyewitness to the alleged crime or any other evidence.
The Senior State Counsel explained that in accordance with the rules for criminal practice and procedure, the statement of one accused person could not be used against the other as it is inadmissible.
With there being no independent corroborating evidence, Prosecutor Hardy did not object to McKay’s application.
Responding to the defence attorney’s observation about the length of time the matter has been before the courts and had taken to make its way to the High Court, Hardy said that the inordinate delay was taken up in the Magistrate’s Court.
She said that after an entire year, the preliminary inquiry (PI) was still being conducted before the lower court, while noting that testimonies were done in a very slothful manner.
She said, too, that there were instances where witnesses were not attending court.
In his address to the court, Justice Kissoon said the time the case took winding its way through the criminal justice system was regrettable.
Citing legal authorities, the judge said that the court could not go beyond the indictment, while noting that evidential insufficiency and procedural impropriety were grounds on which a case could be thrown out.
In the circumstances, the judge said he would uphold the defence’s motion-to-quash.
He further added that the almost 10 calendar years the men have been behind bars represented an entire sentence itself in many respects.
The judge then informed the visibly relieved men that they were free to go.
The indictment against the duo had stated that between August 9th and August 10th of 2011, they murdered Creame at Monosse Backdam, Port Kaituma, North West District.
He was 19 years old at the time of his death.
The teen miner was reportedly beaten to death. Police had said that Creame had an argument with two men during which he was beaten about his body.
