THE Lusignan massacre trial jury on Friday freed the two murder accused, Mark Royden Williams, called ‘Smallie’, and James Anthony Hyles, called ‘Sally’, who had allegedly gunned down 11 members of the community on January 26, 2008.
The jury took 7 ½ hours to reach a unanimous verdict of not guilty.
But the State has appealed against the verdict of acquittal under Section 33C of the Court of Appeal Act, Chapter 3:01 as amended by the Court of Appeal (Amendment) Act No. 4 of 2010.
Senior State Prosecutor Judith Gildharie-Mursalin told the court that Williams was also charged with the Bartica massacre and would
have to be sent back to prison.
But defence counsel declared that Hyles, who now has a clean record, by the jury’s verdict was entitled to bail to ensure that he attends his appeal.
Attorney-at-law Nigel Hughes for Hyles said that his client was not properly before the court since he had to take constitutional proceedings where the DPP had on two occasions ordered the magistrate to take additional evidence which had caused the Chief Justice to be critical of the DPP.
However after Hughes satisfied the court that Hyles was entitled to bail, the judge granted bail in the sum of $100,000 in respect to each charge in the 11-count indictment, totaling $1.1M.
Hyles was also told by the judge that he would have to report every Monday to the Vigilance Police Station until the appeal is completed.
Presiding judge Justice Navindra Singh summed up the evidence in two hours before handing over the case to the jury for their consideration and verdict.
In his address on behalf of Hyles, Hughes had told the jury that there was not a scintilla of evidence against his client and accused the police of creating evidence through Durwin Wright who has been accused of 31 murders to fabricate evidence against the accused.
Roger Yearwood representing the number one accused, Williams, asked the jury to acquit his client on the grounds that the police after failing to find the killers who had gunned down the 11 people at Lusignan, had beaten a confession out of Williams. He then urged them to return a not guilty verdict in favour of his client.
The victims were Clarence Thomas, 48, Vanessa Thomas, 12, Ron Thomas, 11, Mohandan Goordat, 32, Seegopaul Harilall, 10; Seegobin Harilall, 4; Dhanwajie Ramsingh, 52; Seecharran Rooplall, 56; Raywattie Ramsingh, 11; Shazam Mohammed, 22; and Shaleem Baksh, 52.
Gildharie-Mursalin in her final address on behalf of the prosecution, accused the defence lawyers of introducing red herrings to confuse the jury and urged the jury to return a verdict in accordance with the evidence in court and the oath they had taken.