Prosecution’s lack of evidence allows businessman charged with attempted murder to walk free

Apr 23, 2025 News

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Kaieteur News- A 46-year-old businessman of Bartica, Cuyuni–Mazaruni (Region Seven) has been freed of an attempted murder and felonious wounding charge after the case was dismissed due to a lack of evidence by the prosecution.

Vivendra Balgobin of Fifth Avenue Bartica was accused of shooting Conroy Cox, known as “Pinkboy”, a labourer of Third Avenue, Bartica, and 18-year-old Lavella Douglas at a nightclub on August 30, 2023.

The businessman made his first court appearance before Magistrate Crystal Lambert at the Bartica Magistrates’ Court in September 2023 and was granted $800,000 bail under the condition that he lodge his passport.

However, on Tuesday, Magistrate Tariq Mohamed upheld a no-case submission filed by Balgobin’s attorney, Bernard Da Silva. The businessman had faced two charges: felonious wounding committed on Douglas, and the attempted murder of Cox. However, the charge of attempted murder was withdrawn by the Director of Public Prosecutions (DPP), reportedly at the request of Balgobin, though the basis for that request was not mentioned.

The no-case submission filed by Da Silva argued that the prosecution failed to establish a credible case. “The prosecution failed to present cogent and compelling evidence in support of the charge of felonious wounding,” he said.

The submission further outlined several flaws in the evidence presented to the court by the prosecution. The businessman, through his attorney, noted that during cross-examination, Douglas did not state that she saw the defendant—or anyone else—shoot her.

“She testified that she was shot in her right arm but failed to say who shot her,” the submission read. “She attempted to say that she saw the defendant shoot at another person.”

The defence also questioned the forensic handling of the case, asking whether any bullet fragments from Douglas’ arm were extracted and submitted for ballistic testing. “This might have advanced the prosecution’s case,” Da Silva stated.

Additionally, the defence noted that although spent shells were tested to determine the calibre of weapon used, no test was done to link those shells to Balgobin’s firearm or to test whether the firearm was recently used.

“The request was merely to ascertain the calibre of weapon it came from. Evidentially, there is no link to that particular gun. There was nothing preventing the police from requesting that the defendant’s gun be tested in that regard,” Da Silva emphasized.

Further, the absence of CCTV footage was another crucial flaw, according to the defence. “This also may have assisted the prosecution to enhance their case, thereby erasing any doubt, which may become detrimental to their case,” Da Silva said.

Further discrediting the prosecution’s case, Da Silva pointed to inconsistencies in the medical evidence presented. The doctor who examined Douglas failed to note which arm was injured or the extent of the injury in the medical certificate. Under cross-examination, the doctor reportedly admitted she was told that the victim had been shot, rather than independently verifying the nature of the injury.

“Even though initially she attempted to claim that she is aware of gunshot wounds, she was discredited under cross-examination. There is no evidence of her being trained in the area of ballistics and gunshot wounds. She could not state a simple difference between an entry wound and an exit wound,” Da Silva argued.

The defence contended that the entire case lacked corroborating eyewitness accounts, scientific evidence, or surveillance footage. As a result, the magistrate found that there was no case for the accused to answer, and Balgobin was set free.

According to previous reports, the shooting occurred at a nightclub in Bartica. Cox was reportedly involved in an altercation after someone associated with the alleged shooter bumped into his table, spilling drinks. An argument ensued, escalating into a physical confrontation. Later, Cox allegedly returned in his vehicle and continued to verbally assault the suspect. It was then that the suspect reportedly drew a licensed firearm and began shooting, hitting Cox three times in the stomach and wounding Douglas, a bystander, in her right arm. Both were treated and discharged from the Bartica Regional Hospital.

This case is one in a growing list of high-profile matters dismissed due to insufficient evidence from the prosecution.

In another recent case, five senior officers of the Guyana Police Force were freed after being charged in connection with fraudulent meal payments. After almost three years of proceedings, Magistrate Leroy Daly ruled that the prosecution failed to present sufficient evidence to support the charges. The officers—Superintendent Lorraine Saul, Assistant Superintendent Kurt Smith, Superintendent Marcelene Washington, Deputy Superintendent Frank Jackman-Wilburg, and Assistant Superintendent Roxanne Griffith-Adams—had been facing multiple counts of conspiracy and falsification of accounts since May 2021.

Similarly, in a 2020 case related to a deadly fire on Robb Street that claimed three lives, two accused persons, Avishkar Bissoon and his employer, Ganga Kishna, were freed following a no-case submission. Defence attorneys argued that the prosecution had failed to meet the threshold of evidence required for murder and arson charges.

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