-state to appeal decision
Despite Prosecutors conceding that they have no further evidence against two Buxton youths on trial for murder, the state has appealed a high court judge’s decision on Tuesday last, to free them.
Justice Winston Patterson had thrown out caution statements, both written and oral, following a voir dire (trial within a trial) after finding that they were not given freely and voluntarily by the two accused, Buxtonians Kennese Glasgow, called ‘Zachery’ or ‘Juma’, and Dexter Headley called ‘Mas’.
The court found that the statements were obtained through trickery and other unlawful means.
Both men were on trial for the August 17, 2004 murder of Enterprise, East Coast Demerara resident Davechand Appanna.
Following the rejection of the caution statements, state prosecutors Mrs. Teshana James-Lake, in association with Miss Zamilla Ali from the Director of Public Prosecutions’ Chambers, informed the court that the prosecution had no further evidence to present at the trial.
Glasgow and Headley, who were represented by attorneys at law Basil Williams and Maxwell Mc Kay, have been placed on $50,000 bail each, pending appeal, having been in custody for more than six years.
Defence counsel Williams informed that the decision by the state to appeal the ruling is whimsical since they had indicated that they had no further evidence to present.
Kemrajie Appanna, the wife of the deceased, had testified that three men whom she did not recognize attacked her home, killing her husband Davechand Appanna. She was chopped.
Mrs. Appanna said that she was awakened by the sounds of her dogs barking. The couple peeped from a window and saw a man removing panes from a louvre window.
Two men in camouflage outfits appeared. One of them stabbed Appanna with a knife, his wife told the court.
A cutlass was taken from the couple’s home and she was chopped to the head.
The woman told the court that the three men after attacking the family, escaped through a back door. However, this was challenged by the defence causing her to admit that such a statement could not be truthful, since she admitted that she fell unconscious from a blow to the head, and only regained consciousness on a hospital bed.
Following the ruling, Williams revealed that his clients have already suffered significantly at the hands of the state.
This newspaper subsequently learnt that in the first place, the arrests and subsequent charges were carried out under questionable circumstances.
Glasgow, it was reported, was detained by persons other than the police. He was then taken from police station to police station, in the hope of unearthing anything that could incriminate him.
When that method failed, he was then charged with the Appanna murder.
In the case of Headley, he was arrested by chance at a road block, while travelling in a bus in which marijuana was unearthed.
He was detained after police at the roadblock discovered that he was from Buxton. The murder charge was instituted several days later.
This is not the first time that he has been in matters relating to alleged criminal activities involving young Buxtonians during the crime wave of 2002-2006.
Williams was also successful in securing the freedom of Buxtonians Squincy Mclennon and Treon Sumner who were both on trial for murder. The state has also appealed that ruling.
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