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Manslaughter accused walks free
Justice Sandra Kurtzious yesterday upheld a no-case submission which led to two men being freed of a manslaughter indictment.
From left: Rondell Edwards, Lennox Baharally and lawyer Jerome Khan
The men, Lennox Baharally, 36, and Rondell Edwards, 22, both of Region Two, were accused of the April 26, 2016 unlawful killing of Mohamed Abdool Shameer, Baharally’s uncle, which took place at Jacklow, Pomeroon.
Kaieteur News had previously reported that Shameer, a farmer, left his home on April 25, 2016 in a paddle boat to visit a friend. He was reportedly on his way back home in the boat when he was run over by a larger boat reportedly piloted by Baharally. The nephew and two other persons including Edwards were allegedly in that boat.
It is alleged that after the collision occurred Shameer’s body was pulled out of the water and later found buried in a shallow grave. Though they were initially charged with murder, the charge was reduced to manslaughter following a preliminary inquiry before a Magistrate who committed them to stand trial.
At the High Court in Suddie, State Prosecutor Lisa Cave presented the manslaughter indictment against the men, who pleaded not guilty. Following the close of the prosecution’s case, the men’s lawyer, Jerome Khan, made a no-case submission before the Judge.
The lawyer argued that the prosecution failed to show that Baharally did an act that was unlawful leading up to the boat collision. Further, counsel argued that the prosecution failed to lead evidence to show that his clients acted in a manner that was dangerous to themselves and the public at large, or that they behaved in a negligent or reckless manner.
Citing case laws, Khan argued that where the evidence has not been established the court is left with no other alternative than to withdraw the case from the jury. Justice Kurtzious agreed with those submissions, and thereby instructed the jury to return a formal verdict of not guilty. The men were discharged.
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