Duo sentenced to life for 2013 murder of security guard files appeal

Jan 09, 2020 News

Alvin Kissoon and Calvin King who were both found guilty of murder and sentenced to life imprisonment are looking to have their convictions and sentences overturned.

CONVICTED KILLERS: Calvin King (face hidden) and Alvin Kissoon

They have moved to the Court of Appeal where they are asking that the conviction and sentence be overturned. On November 25, 2019, following a trial before Justice Sandil Kissoon, they were found guilty of murdering security guard, John Friday, who was shot and killed during a robbery at the Lethem Post Office.
They had initially denied the indictment which alleged that they murdered Friday between January 18 and January 19, 2013.
Between the reported dates of the incident, the men entered the post office where they tied up and physically brutalised two on-duty security guards – one of them being Friday. The watchmen were bound and pieces of cloth were stuffed in their mouths.
Police reports had indicated that two men entered the compound of the Regional Democratic Council at Lethem around 2:00 hours on January 18, 2013. The men then broke into five safes using a cutting torch.
At the time of their arrest, King and Kissoon were found with stolen cash, a quantity of phone cards, along with other items. Police later discovered the body of Friday. Following reports of the robbery, police were alerted and ranks at the Mabura checkpoint stopped and searched a car during which over $4M was found hidden under the back seat.
Obviously dissatisfied with the decision of the lower court, the men’s lawyer, Lyndon Amsterdam, on December 5, 2019 lodged a Notice of Appeal with the Court of Appeal in which he makes known his client desire to appeal against their sentence and conviction.
Both Kissoon and King are arguing that Justice Kissoon during the summing up of the evidence to the jury posited several rhetorical questions to the jury which had the effect of leading the jury to conclude that they were guilty of the offence.
The convicts both argue that the judge’s summing up was unfair and unbalanced and resulted in the judge usurping the functions of the jury as a result of the manner in which he expressed opinions on evidence.
Further, they argue that the trial judge misled the jury as to the elements and law with regards to the elements and the law with regards to joint enterprise and acting in concert in an indictment alleging a felony/murder and their individual participation.
Kissoon, on the other hand, contends that the trial judge erred in law when he admitted a confession statement purportedly given by him to the police after conducting a voir dire.
According to Kissoon, the trial judge “did not adequately address the issues to be considered by the jury from the confession statement in his summation of the evidence.”
Meanwhile, King says that Justice Kissoon erred in law when he refused an application by his lawyer to have the indictment severed and have separate trials. He argues that he was deprived of a fair trial as a result of a joint indictment with Alvin Kissoon.
The murder convict contends that the trial judge erred in law when he refused an application on behalf of him to edit out his name in a caution statement made by Alvin Kissoon which was admitted into evidence.
According to him, “The trial judge did not adequately address the confession statement given by Alvin Kissoon in his summing up before the jury and to clearly direct the jury that the statement referring to the appellant [Alvin Kissoon] in the confession statement was not to be used as evidence against him.”
The Court of Appeal is yet to fix a date for hearing this case. Although they were found guilty, both Kissoon and King have maintained their innocence. They do not become eligible for parole until after serving 32 years in prison.
Justice Kissoon, in handing down the life sentences, agreed with submissions made by King’s lawyer, in which he argued that sentencing is not done in a straitjacket. The Judge said that he is cognizant of the fact that the purpose of sentencing is not only to punish an offender, but to also rehabilitate them. In the circumstances of this case, Justice Kissoon said that the aggravated factors were overwhelming, having considered the manner in which Friday met his demise.
In giving a recap of the evidence, the Judge said that there was a great level of premeditation and planning. It was noted by the judge that King and Kissoon committed the crime to obtain money unlawfully. The judge also considered the prevalence of the offence, and the extent of injuries Friday sustained, in arriving at an appropriate sentence.