Latest update April 19th, 2024 12:59 AM
Jul 24, 2018 News
The Appeal Court has set aside decisions in two cases, remitting them to the High Court for new trials in the upcoming sessions of the Demerara Criminal assizes.
Yesterday, the Appellate Court handed down decisions in the matters of murder accused, Terry Kissoon versus the Director of Public Prosecutions, (DPP) and the appeal filed by the DPP over the acquittal of Tarel Edwards, who was also charged for murder.
Kissoon challenged his death sentence.
The Appeal Court ruled that the former death row inmate who appealed his sentence should return to the magistrate court to face a new trial. Kissoon was sentenced to death for the 2010 killing of Troy Smith.
The ruling was handed down by Justice Dianne Insanally in the High Court. Kissoon, 39, of Lot 126 Thomas Street, shot and killed Smith over a stolen motorbike on July 30, 2010.
According to police reports, Kissoon reportedly accused Smith of stealing his motorcycle. The two ended up in a heated argument. Kissoon took out a handgun and shot Smith in the abdomen before fleeing the scene.
Prior to the shooting, Kissoon reportedly went to Smith’s Lot 108 Thomas Street, Kitty residence where the incident took place around 07:00 hours. He had given Smith a 24-hour ultimatum to find the motorcycle.
Smith, 34, was reportedly shot at close range, in the passageway leading to his yard. The suspect is said to have chased Smith out of the yard with a piece of wood before shooting him in the passageway leading to the house. Smith made it to the stairway of his house before he collapsed.
Several persons, including the brother of the deceased, who was the prosecution’s main witness in the trial, observed the actual shooting.
Smith was being taken to the Georgetown Public Hospital but died because of the single gunshot wound he sustained to his left side abdomen before he could have reached the health facility. Kissoon told the jury however that he was 300 miles away from the scene of the crime.
Tarel Edwards who was charged for the murder of Terence Moffat is also to face another trial in the High Court.
In 2011, the DPP invoked the 2010 Appeal’s Amendment Act, by appealing the acquittal of Tarel Edwards. The incident took place on April 2, 2006; the deceased was standing on the corner of Leopold and Breda Streets when he was killed.
After his trial in the High Court before Justice Dawn Gregory, Edwards was released on bail since his acquittal.
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