Police constable, Shane James, appeared at the Mahaicony Magistrate’s Court on January 25th, 2023 to answer two charges of manslaughter over the New Year’s Day killings of fellow cop Dwayne McPherson and fisherman Kishan Budburgh.
Prior to yesterday there had been no official statement by the police on the charge against James even though there had been wide public interest in this matter. Stabroek News only learnt about the charge against James when it asked the police force for an update on the killings of the duo at Huntley, Mahaicony.
James, 26 years old, of lot 6 Perth Village Mahaicony, appeared before Magistrate Marissa Mittelholzer and was not required to plead to the charges that were read to him under Section 94 of the Criminal Law Offences Act Chapter 8:01. He was charged by Sergeant Hamilton of the Head of the Office of Professional Responsibility (OPR).
The charges stemmed from the shooting of Corporal McPherson and Budburgh which occurred at Mahaicony on Sunday, 1st January. James was placed on $800,000 bail on each charge and the matter put down to 8th February, 2023.
McPherson and two other ranks, attached to the Mahaicony Police Station had responded to a stabbing incident involving Budburgh, his brothers and another male at Huntley, Mahaicony. At around 00:30 hrs, during the police’s bid to arrest Budburgh, a scuffle broke out and McPherson, followed by Budburgh, were shot. The autopsy report later said that Budburgh was shot three times while McPherson sustained two gunshot wounds.
In an interview with Stabroek News on January 2, Budburgh’s mother, Beverly Dundas said that she was determined to secure justice for her son. She said the manner in which her son was shot was unacceptable. “I really hurt. Me feel really hurt. I want something come out me son story cause me son can’t go down suh,”she said.
Dundas had said at that time she was not sure what had transpired but she later learnt that Budburgh and his brothers were at a shop located a street away from their home when he and another male were involved in a fight.
She said one of Budburgh’s brothers who was present intervened and parted the fight after which they left for home.
Whilst walking home, Dundas said she understands that two of her sons were picked up by the police. And upon noticing this, she said she was told that Budburgh took a different route and ran home and went to bed.
According to Dundas, her two other sons who were home with Budburgh told her that police subsequently showed up at their house at which point the confrontation unfolded.
The incident has raised serious questions about the manner in which the police carried out the operation.
In a letter to Stabroek News, retired Assistant Commissioner of Police, Paul Slowe said the matter calls for a “thorough” investigation beyond OPR and should examine a number of aspects including training, retraining and qualification of ranks.
“This tragic incident cries out for a Board of Inquiry or some similar body to be commissioned to conduct a comprehensive review of what transpired,” Slowe had said.
The police had sent the file to the Director of Public Prosecutions for advice on the way forward.
