City constable Gregory Bascom, who back in 2018 had fatally shot a detainee who was reportedly attempting to escape the Bourda Market Outpost, has been cleared of the charge.
Bascom had been indicted for manslaughter for the January 14th, 2018, killing of 34-year-old vendor Marlon Fredericks, at whom he was accused of unlawfully discharging his service weapon.
Following the conclusion of a voir dire last Thursday, trial Judge Priya Sewnarine-Beharry upheld a no-case submission which Bascom’s attorney Yuborn Allicock had made; thereby directing the jury to return a verdict of not guilty.
In discharging the former accused, Justice Sewnarine-Beharry endorsed defence counsel’s argument that the prosecution had failed to demonstrate that his client had discharged the firearm unlawfully.
This, Allicock contended, was a crucial element in establishing that the killing was unlawful, and therefore needed to have been specifically proved in the case against his client.
Counsel argued, also, that the prosecution failed to substantiate what standing orders, if any, guides a city constabulary officer in the use and discharge of a firearm.
Further, Allicock argued that no evidence had been provided by the prosecution as to why Fredericks was being detained.
The lawyer said that by establishing this, the prosecution would have been able to demonstrate whether Bascom was reasonable or unreasonable in discharging his firearm.
In all the circumstances, the Judge discharged Bascom.
Background
Fredericks, who it was reported suffered with mental issues, was unarmed on the day he was fatally shot at Regent Road, Bourda, as he attempted an escape from detention at the Bourda Market Outpost.
