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May 14, 2021 News
Kaieteur News – Former police sergeant, Shawn Sandy, who was charged for the 2016 unlawful killing of dredge owner Feroze Khan, was freed on a no-case submission when he appeared virtually before Justice, Navindra Singh, at the High Court in Essequibo on Wednesday.
Sandy had pleaded not guilty to the charge, which alleged that on March 24, 2016, he unlawfully killed Khan at Buoy Hole, Mazaruni. Reports had suggested that Sandy accidently discharged the gun. He was reportedly struck to his right hand and Khan to his abdomen. The reports indicated that Khan and Sandy were close friends and attended the New Mosque Jamaat in Alexander Village together, where Sandy is a resident. On the day in question, both men were in the backdam when a firearm was discovered, and as they examined the weapon, a round was released.
At trial, Sandy was represented by attorney, George Thomas, who vehemently argued that there was no case for his client to answer. In his argument, Thomas noted that the caution statement and oral statement do not suggest that the accused aimed or pointed the gun to the victim.
“There is no evidence of malice or any assault by the accused to the deceased. Throughout, the accused claimed the incident was an accident. The prosecution must establish that [the action] which led to the demise of the deceased was an unlawful act,” the lawyer said in his submission presented on Wednesday.
It was submitted further, that the accused is not charged with possession of the gun or discharging it, but rather manslaughter.
“The Prosecution must prove the act was unlawful and the act of examining the gun alone is not sufficient to establish this [crime],” added Thomas.
According to him, the only evidence adduced by the prosecution to establish the guilt of the accused comes in the form of the caution statement and that statement taken as a whole, establishes the defence of accident.
“There is no other evidence to contradict this statement of sequence of events. Then, the prosecution has failed to disprove the defence and failed to establish the act of the accused was an unlawful act… It is respectfully submitted that the prosecution has failed to establish a prima facie case of manslaughter [and] sufficient enough evidence to have this Court call upon the accused to lead a defence,” Thomas contended.
After considering the facts, evidence and submissions before the court, Justice Singh upheld the arguments of the defence attorney and acquitted Sandy.
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