Man’s murder conviction substituted with manslaughter

Jul 25, 2019 News

A murder conviction against Clive Knights was yesterday substituted with the lesser offence of manslaughter by the Court of Appeal yesterday. In June 2015, Knights was found guilty by a jury of murdering Bert Whyte, 44, a former resident of Lot 79, Phoenix Park, West Bank Demerara, and Assistant Company Secretary at GTM. He was sentenced to 57 years in jail by Justice Navindra Singh.

Clive Knights

Bert Whyte

Since the Court of Appeal has set aside the murder conviction and substituted it with manslaughter, the court imposed a 30-year sentence, from which time Knights has already served was ordered deducted.
In allowing the appeal, the court comprising Chancellor of the Judiciary Yonette Cummings-Edwards and Justices of Appeal Rishi Persaud and Dawn Gregory accepted Dexter Todd’s (lawyer for Knights) argument that the jury should have been given the option by the trial judge to consider a manslaughter verdict given the circumstances surrounding the killing.
According to the facts, on May 14, 2012, Whyte dropped his niece, Rayshawn, off at school before leaving for work. Later that evening, Whyte’s brother received a telephone call from a friend. As a result, he went to the Accident and Emergency, (A&E) Department of the Georgetown Public Hospital Corporation (GPHC) where he found Whyte lying motionless on the bed.
He was dead with two puncture wounds to his chest and apparent bloodstains on his clothing.
Forensic Pathologist Dr. Nehaul Singh confirmed that Whyte had died from haemorrhage and shock due to the perforation of the heart and lungs as a result of the stab wounds he sustained.
During the trial before Justice Singh, a caution statement was admitted into evidence. Knights’ statement was read aloud to the court by Detective Constable, Kester Cosbert. In the document, Knights said that he met Whyte while they were both employed at the GPHC.
According to the statement, Knights said that Whyte had revealed to him that he was a homosexual and expressed a desire to be in a relationship with him. However, Knights said he declined the offer, but decided to remain friends with him since he believed that his way of life had nothing to do with him.
The statement outlined that some time later, both men left their job at the hospital, but they continued to hang out. The convict in his statement related that on the day of the incident, he went to a Main Street bar with Whyte and they had a few beers.
Knights said that he was tired, intoxicated and must have fallen asleep. According to the statement, Knights said that he remembered going to Whyte’s car but he awoke, after he felt someone’s finger at his anus. Knights said that he opened his eyes and found Whyte’s head between his legs; he was performing oral sex on him.
According to the statement, Knights said that he had an ice pick, which he said he used to stab Whyte before driving away with his car. He had, however, reportedly related to investigators that he was sorry for what happened since Whyte was his friend.
Knights was arrested at a roadblock along the Soesdyke-Linden Highway. It is reported that he gave his name as Troy David to the ranks.

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