Justice Carter Dismisses Another Murder Case LK Hewlett Story Updated: June 12 th 2015 at 3:40 pm
Two others see murder charges withdrawn High Court Judge Justice Marlene Carter has upheld a no case submission in yet another murder trial. Kyam Viera, a 27-year-old Godwin Ghaut resident has over the past several weeks stood trial for the April 2011 shooting death of Godwin Estate resident 30-year-old Shervin Williams. He was also charged with soliciting [others] to commit murder. Williams’ body was discovered on a dirt path with gunshot wounds to the head and neck. At trial two bullet casings were entered into evidence and an officer who processed the crime scene testified that the shells were from different caliber weapons. Upon cross from Viera’s lawyer Dr. Henry Browne QC, the officer said there were no usable fingerprints on the casings because of the small surface area. The main witness was deemed hostile and the Director of Public Prosecution Travers Sinanan won the extensive legal arguments to have his statement entered as Crown evidence. His statement to police spoke to the conspiracy to kill Williams over an argument between him and the defendant. The Crown rested its case on Monday and Viera’s legal team immediately entered a no case submission on the basis that the prosecution had not provided any evidence that the defendant had committed the crime. Justice Carter on Tuesday morning (June 9) upheld the defense’s application and directed the jury to acquit on both charges. She then discharged the defendant. The DPP stated that he intended to appeal Her Honor’s decision. He applied for remand. Justice Carter granted conditional bail for Viera, despite the DPP’s objection. Viera was able to secure such and later that day was released from custody pending the outcome of the appeal. This is the third such case that Justice Carter has dismissed and the DPP appealed her decision on the same principle as the previous matters. Dr. Browne said the Crown was aware years ago that it had no evidence against his client and keeping him locked up was an abuse of process. He indicated his client’s intention to sue the state for the wrongful imprisonment. Also on Tuesday, the murder case for St. Pauls residents Rayjorn Richards, 28; Timaj Jones and Shaheed Williams, 28, was called up. The trio stood accused of the February 26, 2012 shooting death of St. Pauls shopkeeper Wingrove Parris. The Crown announced it was withdrawing the charges against Richards and Jones after looking at the case, reviewing the evidence available and interviewing the witnesses. Realizing there was no realistic prospect of conviction, the DPP said, the Crown was entering a nolle proseque. The judge then discharged the men. Williams will now face trial alone; his matter was traversed to the September assizes, however no trial date has been set. Court stands adjourned until June 16.