Lindener Michael Emanuel was yesterday afternoon freed of the charge of murdering Wismar mason Leonard Peters, after Justice Sandil Kissoon upheld a no-case submission which his attorney made.
The judge said that after examining the evidence and legal authorities and principles it was found that the prosecution failed to establish that Emanuel had an intention to kill or cause Peters grievous bodily harm.
Additionally, the judge said that the prosecution could not prove otherwise that Emanuel was not acting in self-defence.
He said that in failing to negative self-defence, the prosecution by extension failed to establish an element for the offence of murder, that the accused ever intended to kill or cause the deceased bodily harm.
Justice Kissoon said that the prosecution’s case suffered what he described as a “two-fold defect,” in that one—there was no direct evidence that it was Emanuel who had inflicted the fatal injury.
Moreover, he said that the state was unable to negative self-defence.
In the circumstances, the jury was formally directed by the judge to return a verdict of not guilty.
Emanuel was represented by defence attorney Damian Da Silva; while the state’s case was led by Prosecutor Taneisha Saygon.
The allegation against Emanuel had been that on December 21st 2018 at Lot 7 West Watooka, Linden, he murdered Peters also known as ‘Lenny.’
Peters was reportedly lashed in his head and stabbed in his chest during the incident which occurred at around 10pm. He was rushed to the Linden Hospital where he succumbed while receiving medical attention. Emanuel and his 19-year-old brother were held by police for the attack.
The incident reportedly stemmed from a misunderstanding Peters and the teen had while attending a social event. Whilst at the event, Peters accidently spilled alcohol on the teenager. As a result, they began to push each other. The teen then reportedly went home and informed his mother about what had taken place.
During the process, Peters reportedly ran into their yard and allegedly attempted to attack the teen when Emanuel allegedly intervened. Peters became annoyed, armed himself with a piece of wood and reportedly started to hit the brothers. Emanuel, however, managed to disarm Peters and allegedly dealt him a blow to his head. During the scuffle, he was also stabbed.
The teen was eventually released from police custody, while Emanuel was charged with murder.