‘Self- defence’ is an issue to be decided by the jury

‘Self- defence’ is an issue to be decided by the jury — DPP

Jun 23, 2022 News

Kaieteur News – Director of Public Prosecutions (DPP) Shalimar Hack Ali SC is defending her decision to send a murder trial to the High Court amid criticisms by a sitting judge who discharged the matter earlier this week.

DPP) Shalimar Hack Ali SC

In a statement issued on Wednesday, the DPP explained that the reason for her decision to commit former murder accused, Marlon Garrett to stand trial in the High Court. In fact, she claimed that the case is one of self-defence and self-defence should be an issue for the jury to decide. Garrett was acquitted on Tuesday after High Court Justice Sandil Kissoon determined that the evidence against the accused had been insufficient for him to be guilty for either the offence of murder or the lesser count of manslaughter.

Former murder accused, Marlon Garrett.

The judge noted that based on the evidence provided to the court, the matter should not have even made it to the High Court after it was pointed to him that Garrett’s committal to stand trial in High Court was based on the directive of the DPP herself. Justice Kissoon nevertheless emphasised self-defence is a complete defence; therefore, the young man should have been acquitted a long time ago. The judge stressed that 22-year-old man had been incarcerated by the State over six years without an iota of evidence against him. He noted that based on the Caution Statement (CS) Garrett gave to police when he was 17 years-old, he was attacked by an unidentified man armed with a cutlass and he defended himself. Justice Kissoon also chided the prosecution over the fact the case was committed to the High Court in the face of an absolute “lack of evidence.”
However in her response, the DPP issued a statement citing “grave concerns,” over the “unfortunate comments,” made by the trial judge at the trial of Marlon Garrett. The DPP explained in the statement, that the victim died from perforation of the heart which was caused by a stab wound that was one of 4 incised wounds inflicted on him by the accused.
She explained that Garrett stated in a caution statement that he did stab the deceased and that he did it because he was attacked by the deceased. According to the DPP, the accused alleged that the deceased attacked him with a cutlass. The DPP explained: that “No cutlass was found at the scene but he stated that he armed himself with a knife which he used to attack the deceased. There was evidence that he had a knife. According to the post mortem report, the deceased died from perforation of the heart which was caused by a sharp pointed instrument of at least 6 cm in length.”
“The accused admitted that he stabbed the deceased. There was no evidence that he was attacked other than his mere oral statement,” Ali Hack added in the statement. According to her in the circumstances, the evidence in this case raised the issue of self-defence. She stressed that “self-defence is an issue to be decided by the jury.”
“The jury is the judge of the facts of the case. The trial judge is the judge of the law,” the DPP said in the release.
Garrett was indicted for murder over the September 11, 2016, stabbing of an unidentified man that took place at Robb and Bourda Streets. In May, the man opted to plead guilty to the lesser count of manslaughter when his case came to the High Court for the first time.
However on Tuesday, during his 2nd appearance before the High Court, Attorney, Ravindra Mohabir submitted a motion to have his indictment quashed on the grounds of lack of evidence. After careful consideration, Justice Sandil Kissoon who was presiding over the case, determined that the prosecution was not sufficient and ordered the release of the man who had pleaded guilty to manslaughter.

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