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May 03, 2018 News
It was a mix of emotions, yesterday, as former Pritipaul security guard, Marlon Callender, was found not guilty of killing 45-year-old fisherman Envil Pollard called “Elvis” or “Rastaman”.
Callender was freed of the murder before Justice Sandil Kissoon, at the High Court.
An obviously relieved Callender thanked the court for setting him free and expressed sympathy to the relatives of the deceased before reuniting with his relatives outside the courtroom.
He was acquitted following more than one hour of deliberations by a mixed 12- member jury. However, relatives of the deceased were not so accepting of the court’s decision. The aggrieved relatives of the deceased expressed a desire to have the decision appealed.
“We cannot accept this decision. This man (Pollard) has eight children who were left behind to suffer because of this. Where is their justice?” the dead man’s relatives cried.
Callender , 27, a former security guard attached to Pritipaul Singh’s Investments Inc. (PSI), was indicted for the murder of Pollard.
The fisherman fatally shot by Callender, during a confrontation at PSI Wharf, McDoom, East Bank Demerara. Pollard was reportedly shot to the neck and groin with a shotgun. The incident occurred on January 9, 2015.
At the commencement of his trial in the High Court, Callender pleaded not guilty to the charge.
In his unsworn testimony, Callender told the judge and jury that on the day of the shooting, he did not intend to harm anyone.
The accused told the court that when he reported for duty at Pritipaul Wharf, he received a radio message from another security officer that Pollard, called “Rastaman”, was behaving disorderly.
He said he felt threatened and he fired a warning shot but the man did not back down. He said he therefore fired another shot; this time it hit Pollard and stopped him in his tracks.
Callender told the court that he was only trying to protect himself while performing his duties. He expressed regret that it cost a life.
During his closing address to the jury, Attorney-at-law, Everston Lammy-Singh, essentially stated that his client (Callender) was acting in the execution of his duty when he fired the shot, which unfortunately led to Pollard’s death.
The lawyer told the court that based on the evidence” it is clear” that his client did not intend to kill or cause any grievous bodily harm to the fisherman.
State Prosecutors Lisa Cave, who is presenting the case in association with Attorney Mandel Moore, dismissed the defence as rubbish.
The Prosecutor therefore noted that the defence account of what happened on the day that the fisherman was shot, “just does not add up.”
Cave noted that the fisherman was a significant distance away from the accused, when he shot him.
Cave therefore contended that the “trigger happy accused” would have intended to shoot and cause grievous bodily harm to Pollard.
The Prosecutor had asked the jury to take all the factors into consideration when determining the fate of the acc sed.
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