Following the conclusion of a retrial which was ordered by the Court of Appeal earlier this year, Randy Isaac was yesterday unanimously acquitted on charges of both murder and manslaughter for the 2013 Mashramani Day killing of Kumar Mohabir.
Devon Thomas who had been charged along with him, however, now faces a third trial, after the jury was unable to arrive at a verdict regarding his culpability for the killing of the businessman formerly of Enterprise, East Coast Demerara, who was stabbed several times.
The jury was hung in the proportion of 10 to 2 on the capital charge against Thomas.
Justice Sandil Kissoon who presided over the trial then announced a mistrial and informed a visibly distressed Thomas that he would be remanded to prison to await yet another trial, a date for which the office of the Director of Public Prosecutions will notify him of.
While the announcement of the verdict from the forewoman in relation to Isaac was clear, there was some confusion as to whether there had been a unanimous or proportionate verdict in relation to murder or manslaughter against Thomas.
The forewoman had indicated that like Isaac, Thomas too, had been unanimously acquitted on both counts.
When asked whether the jury’s verdict was unanimous, however, the forewoman seemed to have had difficulties understanding, even though the judge’s registrar repeatedly explained what the word meant.
The forewoman then answered by saying that the entire panel had been in agreement that Thomas was not guilty on both counts.
The nods of disapproval by some of the jurors, however, resulted in Justice Kissoon asking each of them their individual verdict.
The exercise then revealed that the panel was hung in a proportion of 10 to 2 not guilty in relation to the capital charge against Thomas.
The judge then explained to the panel that it was hung, as there would only have been a verdict for murder if all 12 of them agreed—whether guilty or not guilty.
Having been hung on murder, he then went on to explain to them that there was no need for them to go on to a consideration for manslaughter.
Thomas who seemed to have been on an emotional roller coaster as the Court tried to ascertain the verdict, appeared visibly distressed after learning his fate that he would be going back to prison to await his third trial.
Isaac, however, was visibly relieved after being informed by the judge that once processed out by the prison, he would be free to go.
In 2015, Thomas and Isaac were convicted and sentenced by Justice Navindra Singh to 75 years each after a jury back then found them both guilty of murdering Mohabir on February 23rd, 2013. He had further ordered that they not be eligible for parole until after serving 40 years in jail.
Finding on appeal back in January that their defences had not been adequately and fairly put to the jury, however, the appellate court ordered that they be retried.
The charge against the duo was that they murdered Mohabir, 25, who died of multiple stab wounds, in the wee hours of the morning of February 24th, 2013.
The state’s case was that on Mashramani Day—February 23rd, Kumar, who was with his family, was attacked by Thomas, Isaac and other persons.
Both Thomas and Isaac were represented by defence attorneys Nigel Hughes.
The state’s case meanwhile, was presented by Prosecutor Lisa Cave.
