Jan 29, 2020 News
Sherland Joseph and Lowel Hope who were locked away in prison for 10 years on a murder charge were finally freed yesterday. This was after Justice Sandil Kissoon quashed the indictment against them due to the prosecution having insufficient evidence.
Hope, 37 and Joseph, 27, had been on remand for the August 9, 2011 murder of 19-year-old Kenny Creame which occurred at Monessee Backdam, Port Kaituma, North West District.
Based on previous reports, Creame, a miner, formerly of Port Kaituma, North West District was beaten to death during an argument with two men. He was reported to have been beaten with several pieces of wood; his cause of death was given as blunt trauma to the head.
Yesterday, the two murder accused were brought before Justice Kissoon at the High Court in Demerara. There, State Prosecutors Tuanna Hardy, Tiffini Lyken and Nafeeza Baig presented a murder indictment against them.
The men, who were both represented by attorney-at-law Maxwell McKay, pleaded not guilty to the charge. Thereafter, their lawyer moved a motion to have the indictment quashed.
In his submissions to the court, McKay said that there is no evidence against his clients to substantiate the charge.
According to the lawyer, the prosecution has no eyewitness, neither circumstantial nor forensic evidence. Prosecutor Hardy made no objections to the motion. In fact, Prosecutor Hardy conceded that the state had no evidence against the men.
She, however, pointed out that the delay in the men’s trial was at the level of the Magistrate’s Court. She revealed that the preliminary inquiry into the charge was only completed in 2017; the men were afterwards committed to stand trial.
In light of the forging, Justice Kissoon commended both the defence and prosecution for the stance they took. He thereafter quashed the indictment and informed the men that they were free to go.
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