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DPP appeals murder acquittal
Murder accused Tharel Edwards
By Latoya Giles
For the second time since the passage of legislation the Director of Public Prosecutions (DPP) Shalimar Ali- Hack last evening moved to appeal the verdict of a jury, under the new Court of Appeal Act of 2010.
On trial for murder was Tharel Edwards, 35, of XXV North East La Penitence. He was accused of murdering Terrence Moffat on April 2, 2006, at Breda Street. The matter was presided over Madame Justice Dawn Gregory.
The State’s case was presented by Prosecutors Rhondel Weever in association with Teshanna James.
The trial which was going on for over two weeks was due for a verdict today. After the “summing up” yesterday the jury went into chambers at 15:00hrs. Around 17:30hrs the mixed jury emerged from the chambers and requested further direction from the court.
Kaieteur News understands that the ensuing confusion came about when the court asked if they had reached a verdict. The jury then responded that they were “8-4”. The jury was then asked if the decision was unanimous or proportional by the judge. They (jury) then replied that they were proportional.
However, in a murder trial the law stipulates that they (jury) cannot be “8-4” they have to be unanimous. Thereafter the jury after inquiry said that they have reached a unanimous verdict of not guilty.
After stating that in open court, the head juror was asked if they had found Edwards guilty of manslaughter. It was then that the juror said that they never considered manslaughter, even though it was mentioned in the “summing up”.
At this point, State prosecutor Rhondell Weever asked for leave to file an appeal. The action was then taken by the DPP.
It was around 20:15 when the DPP accompanied by Prosecutor Weever served the appeal on the defendant’s lawyer, Peter Hugh.
At this point, the judge informed the mixed jury that they were free to return to their places of employment and to return to court on Monday, February 14.
She also told the accused that the state has served its right to appeal the verdict.
Attorney at law Peter Hugh then made his application for bail on his client’s behalf. According to the lawyer his client was a father of one who has spent over five years in prison.
Hugh said that prior to the incident his client had an unblemished record. Bail was fixed at $100,000.
The appeal is expected to commence in the Court of Appeal.
The victim, Terrence Moffat 19, was with friends at Leopold Street on April 2, 2006, when he was allegedly shot by gunman, Tharel Edwards, who was subsequently charged with murder.
Prosecutor Weever in her opening statements had said that there was enough evidence to show that when the accused inflicted the gunshot injuries on Moffat, it was not done in self-defence, nor was it an accident, nor was there any provocation. Several witnesses were called during the trial.
According to the prosecution, the deceased was at the corner of Leopold and Breda Streets, in the company of two of his friends, Neville Boyce and Julian Masdammer, who were sitting on a plank in front of a barber shop.
They saw the accused in Leopold Street, coming towards them with an object in his hand.
Eyewitnesses said that Edwards walked past Boyce and Masdammer and went straight to Moffat.
The accused then raised his hand with the object, which appeared to be a gun, and lashed Terrence Moffat on his head. A loud sound was then heard. Julian Masdammer then got up and walked off a few feet.
Masdammer felt a burning on his left shoulder and when he looked at it, he saw that he was bleeding.
Witnesses reportedly saw the accused continue to strike Moffat with an object and Moffat fell to the ground in a sitting position with the accused over him. An explosion was heard and then Moffat fell to the ground.
A post mortem was performed on the body of Moffat and it revealed that the cause of death was perforation of internal organs due to gunshot injuries.
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