Defence makes no case submission in Maryann Daby trial

May 29, 2019 News

As the trial for 25-year-old Maryann Daby draws to a close, yesterday attorney-at-law Mark Waldron, who is representing the defendant, made a no case submission against the prosecution’s case.

Maryann Daby

The defendant of Lot 127 D’Aguiar Park, Houston, Georgetown, is accused of pointing a loaded gun at a police officer’s head and pulling the trigger, in an attempt to kill him.
She was not required to plead to the charge which alleged that on May 13, 2019, at Albert Street, Thomas Lands, Georgetown, with intent to commit murder, she attempted to discharge a loaded firearm at Police Constable Christopher Kissoon.
Daby is also charged for having an unlicensed pistol and six live rounds on the same day and at the same location. She denied all charges read to her. Her trial is being conducted in the Georgetown Magistrates’ Courts by the Senior Magistrate Leron Daly.
Yesterday Superintendent Gary McAllister, the officer who gave conflicting evidence to the court in the matter, finished up testifying in the case after showing up late on the last occasion.
In his no case submission, the attorney stated that, the evidence of the superintendent should be dismissed as he gave conflicting evidence to the court. From the evidence that McAllister had presented to the court, it appeared that ammunition lodged at the Brickdam Police Station in relation to the case were allegedly switched or misplaced.
In his testimony, McAllister said that he brought one evidence bag from Brickdam Police Station marked GM 35AD2018 with one .32 Beretta pistol marked daa535775 with a magazine, along with four live .32 ammunition and two .32 spent shells.
Moreover, on another occasion, when the Superintendent showed up to tender the evidence as part of the prosecution’s case, he told the court that he uplifted the evidence bag with a magazine, four live rounds, and two .22 spent shells.
The variance caused the matter to be adjourned so that clarity could be sought and reported to the court.
The attorney further gave reference to the statement given by Police Constable John Holder who was charged and released on $300,000 bail for willfully attempting to pervert the course of justice in relation to this matter.
The constable is the key witness. He was not required to plead to the charge which stated that between August 10 and October 2, 2018, at Georgetown, he willfully attempted to pervert the course of justice by deviating from his statement dated May 13, 2018.
According to information, during the investigation Holder gave several statements in relation to the matter. Sometime later, he deviated from his statement and told the court that a top ranking officer instructed him to change his statement to support that of his colleague.
Among other points made by the attorney, were that the prosecution has no proper grounds to rely on as it is clear that top ranking officials are interfering with the case.
The matter was then adjourned until June 3, 2019 where police prosecutor Richard Harris will reply to the no case submission of the defence.
Daby is currently out on $750,000 High Court bail. According to reports, on the day in question Daby and her friends were at the Georgetown Motor Racing and Sports Club. Constable Kissoon, who was off-duty and was at the Club at the time, reportedly heard what appeared to be gunshots.
While checking for the source of the gunfire, he reportedly saw Daby firing rounds into the air. He said that he confronted her. Daby then allegedly pointed a firearm to the officer’s head and pulled the trigger.

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