Latest update February 5th, 2025 11:03 AM
Judge frees Buxtonian of 2004 murder
Quincie McLennan
– State files notice of appeal
Justice Dawn Gregory yesterday granted bail in the sum of $25,000 to a man minutes after the state filed notice of appeal to challenge his acquittal for murder in the High Court.
Justice Gregory had ordered the jury to return a verdict of not guilty following the conclusion of a voir dire (trial within a trial) to determine the admissibility of caution statements issued by the defendant Quincie Mclennan called ‘Killer’.
Mc Lennan, who hails from Buxton, East Coast Demerara, is accused of killing Hansel Melville, on January 11, 2004.
Prosecutors Konyo Sandiford and Judith Gildharie-Mursalin presented the case for the state, while Mc Lennan was represented by attorney at law Basil Williams.
At the end of the voir dire, which was conducted in the absence of the mixed jury, the judge rejected both the oral and written caution statements, claiming that they were hastily obtained.
During the trial, it was established that McLennan gave the statements a few minutes after he was arrested.
According to the evidence presented, McLennan was arrested at 12:24 hours on May 29, 2004.
He commenced giving his statement at 12:35, and it was completed 15 minutes later.
According to the prosecution, McLennan upon his arrest told an investigator, “Officer is not me alone.”
However this was rejected by Justice Gregory.
Following her ruling on the voir dire, the prosecutors informed the court that they had no further evidence to lead.
The judge then directed the jury to return a not guilty verdict, which they did before she advised the accused that he was a free man.
But as the accused was about to leave the court, the prosecutors served notice of the state’s intention to appeal the decision under the Court of Appeal (amendment) Act number 4 of 2010.
Section 33C (1) gives the Director of Public Prosecutions the right to appeal a High Court decision within 14 days.
After the notices were filed, Defence Counsel Basil Williams successfully applied for bail, which was granted in the sum of $25,000.
Mc Lennan was committed to stand trial in the High Court way back in 2005 for the murder.
He, along with Treon Sumner, was part of a historic ruling by Justice James Bovell-Drakes when they were granted bail while facing a murder charge on the basis of the length of time they were incarcerated without trial.
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