It was all relief yesterday for Maryann Daby and her family as Senior Magistrate Leron Daly discharged the case against her for attempted murder. She had been charged with the offence after it was alleged that she pulled a gun on a police officer in an attempt to shoot him.
The 25-year-old defendant of Lot 127 D’Aguiar Park, Houston, Georgetown, was not required to plead to the indictable charge, which alleged that on May 13, 2019, at Albert Street, Thomas Lands, Georgetown, with intent to commit murder, she attempted to discharge a firearm at Police Constable Christopher Kissoon.
Her trial was being conducted in the Georgetown Magistrates’ Courts where police prosecutor Richard Harris represented the state in the matter while attorney-at-law Mark Waldron represented Daby.
Magistrate Daly ruled on the matter, summing up the main witnesses evidence in the case. Firstly, she addressed the evidence of the main witness, John Holder who gave conflicting statements to the court.
The witness had confessed that he lied in his first statement when he said that he saw when Daby pointed the gun at Kissoon. He did not see anything. He had also falsely claimed that a senior official of the force had asked for him to change his statement. As a result, the magistrate disregarded Holder’s evidence.
Secondly, she pointed to the victim’s testimony. She said that Kissoon had admitted under cross-examination that on the day in question, he was being served drinks. He claimed that Daby had fired two shots; however. no spent shells were found at the scene.
The magistrate also added that Kissoon had admitted that there was no video to gain a positive identification of his attacker.
Finally, Magistrate Daly addressed the testimony of Superintendent Gary McAllister who gave evidence saying that he picked up two different firearms and ammunition in relation to the matter, and this caused her to question if indeed there was a weapon.
In his testimony, McAllister said that he brought one evidence bag from Brickdam Police Station marked GM 35AD2018 with one .32 Beretta pistol marked daa535775 with a magazine, along with four live .32 ammunition and two .32 spent shells.
Moreover, on another occasion, when the Superintendent showed up to tender the evidence as part of the prosecution’s case, he told the court that he uplifted the evidence bag with a magazine, four live rounds, and two .22 spent shells.
Based on these concerns, the magistrate found that there was insufficient evidence to rely on for her to rule in favour of the prosecution and as a result, she discharged the matter.
Daby is also charged for having an unlicensed pistol and six live rounds on the same day and at the same location while she was not the holder of a firearm licence enforced at the time.
Police prosecutor Richard Harris after the magistrate ruled on the matter of the attempted murder asked that the remaining charges against Daby to be transferred to another court.
Although the prosecutor admitted that he had no new evidence to tender into the matter, he stated that he is of the opinion the magistrate will not rule effectively in the matters because her mind is influenced by the evidence offered in the attempted murder and therefore another magistrate should hear the cases.
The hearing was then adjourned until July 30, when the magistrate will report on the request after seeking clarity from Chief Magistrate Ann McLennan if the cases should be transferred.
Police Constable John Holder was charged and released on $300,000 bail for willfully attempting to pervert the course of justice in relation to the Daby matter following his confession.
He was not required to plead to the charge, which stated that between August 10 and October 2, 2018, at Georgetown, he willfully attempted to pervert the course of justice by deviating from his statement dated May 13, 2018.
He is currently before Principal Magistrate Sherdel Isaacs-Marcus in the Georgetown Magistrates’ Courts.
Daby is currently out on $750,000 High Court bail pending the hearing and determination of her matters before the court.
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