Nov 01, 2012 News
Murder accused, Herman Ally, called ‘Shark Oil’, 64, of Rose Hall Town, Corentyne, Berbice, was yesterday sentenced to death by Justice Roxanne George-Wiltshire. He was found guilty by a mixed jury in the Berbice High Court.
He was on trial for killing fellow Rose Hall Town resident, Randall Sandy, called ‘Randall Taylor’ sometime between Thursday, October 5 and Friday, October 6, 2006.
Justice George had earlier taken about three hours to sum up the evidence to the jury who took two hours, retiring just after noon and returning just after 14:00 hrs, with the unanimous verdict of guilty of murder. This was the second trial for the accused; the first ended in a hung jury.
Both prosecutor Attorney at law Prithima Kissoon and Defence lawyer Raymond Alli had presented their case to the jury on Tuesday. This was after the prosecution had closed its case on Monday after calling seven witnesses.
Ms Kissoon had argued that Ally murdered Sandy following a misunderstanding. It was stated that on October 5, at around 16:00 hrs, the deceased was found with a wound in the vicinity of Ally’s yard. He was picked up and taken to his mother’s home before being rushed to the New Amsterdam Hospital where he died the next day. Ally was arrested that same day and was later charged with murder.
The last two witnesses to testify were Dr Vivikenand Brijmohan who conducted the post mortem examination and Sandy’s mother, Cicely Brusche.
Dr Brijmohan had testified that Sandy died from internal injuries. There was a small wound on the outside and a large wound on the inside. The man suffered massive internal bleeding. Cicely Brusche had testified that on the day in question her son came home, had lunch, and went out.
She stated that she was at home about 16:00 hours when she received some information that caused her to run out of the house, and into the street, where she saw her son lying on the ground. He was picked up and taken to her home.
She said that she hired a car and rushed him to the New Amsterdam Hospital where he was admitted. She subsequently got a call from the hospital about his demise.
The other witnesses who testified earlier were detective Assistant Superintendent Gary Mc Allister, Sergeant Coward, and Detective Corporal Duke Jack, Ranee Goberdhan and Kenneth Cort.
Both Assistant Supt. Mc Alister, and Sergeant Coward, testified to their involvement in the investigation and taking statements from the accused. The statements were tendered into evidence.
Corporal Jack testified to the role he played in the investigation. He visited the scene and took statements from witnesses. He also tendered the post mortem report.
Both Goberdhan and Cort were neighbours of the accused and in their testimony related to seeing the deceased collapsing in front of their home.
It was understood that the accused and one Marva Somrah had a misunderstanding and he cuffed her in her face. ‘Shark Oil’ then left and went into his yard and armed himself with a knife and came out and took up a position in front of his yard.
Not long after, Sandy was passing on his bicycle and told Ally that he was taking advantage. Ally then rushed at Sandy and stabbed him in his left side.
During the trial, Ally gave an unsworn statement from the dock, where he related that he and the deceased had a scuffle, but stated that he did not know of any injuries the deceased sustained.
When asked by the judge what he had to say, the accused stated, “I know to myself that at no time at all I had any implement or knife or whatever. I was not responsible for the killing of Randall Sandy.”
He added, “I swore on my two eyes, which are damaged, that he did not give a caution statement to the police. “Ally continued to ramble, but was reminded by Justice George that he was found guilty by the jury. He continued to plead his innocence.
Ally’s attorney, Raymond Ali, then asked the judge about his client’s age and sought mercy, but was reminded by the judge that the offence was committed since 2006 and does not fall under the new legislation.
The court then stood as the judge sentenced the man to death.
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