For a second time, Roberto Miggins and Quacy Benjamin have both been freed of a charge of murder owing to the state’s failure to present sufficient evidence against them.
On Thursday afternoon, Justice Brassington Reynolds discharged the duo, who were indicted for the 2016 murder of miner Hilary Smith at Port Kaituma, in the North West District.
Back in 2019, they were discharged for the murder of another miner—Brazilian national Mario Pozzer—the day before they were formally accused of killing Smith.
Justice Reynolds discharged the men on Thursday after upholding no-case submissions made by their attorneys, who argued that the state had failed to establish a case against their clients.
The lawyers contended that there was insufficient evidence and in the circumstances, the case ought not to be committed to the jury, since their clients in effect had nothing to answer to.
The judge agreed and upheld the submissions made by counsel, and discharged the accused.
The allegation against Miggins, called ‘Hot Skull,’ and Benjamin, called ‘Rambo,’ had been that on October 14, 2016, at Mazawini Backdam, they murdered Smith in the course or furtherance of a robbery.
Smith, of Pomeroon River, Region Two, was shot and killed during a camp invasion at Mazawini, Port Kaituma, North West District.
Gunmen, armed with high-powered rifles, had reportedly entered the camp and opened fire.
After the gunmen made good their escape with a quantity of raw gold, Smith’s body was discovered with several gunshot wounds.
In 2019, Justice Navindra Singh had also discharged the duo on a no-case submission after also finding that the state had not provided sufficient evidence to make a case against them for the murder of Pozzer.
The allegation against the two had been that they murdered Pozzer sometime between October 12 and 13, 2016 at Port Kaituma.
The bullet-riddled body of 43-year-old Pozzer was found at 10 Miles, Port Kaituma by persons using the road. It had previously been reported that from all indications, Pozzer was travelling to the backdam when he was gunned down. He was found next to the ATV he was using to get to his mining camp.
In both matters, Benjamin was represented by attorney Nigel Hughes, and Miggins, by attorney Adrian Thompson.
The state’s case was led in the matter on Thursday by Prosecutor Tyra Bakker, in association with Seeta Bishundial, while in the first matter the state was led by Prosecutor Teriq Mohammed, in association with Sarah Martin.
