Judge orders accused to face new trial
THE mixed jury in the Vlissengen Road murder trial disagreed on a verdict last Wednesday, resulting in Judge Dawn Gregory-Barnes discharging them and ordering the accused Rayburn Harvey to face a mew trial at the June Criminal Session. Harvey was charged with the robbery/murder of Samantha Belle who was shot to death at Vlissengen Road on March 18, 2006.  She was 28.
She reportedly was shot in the vicinity of St. Sidwells Church.
The accused, represented by lawyer Mr. Ronald Burch-Smith, had pleaded not guilty to the offence and claimed that he was the subject of seven identification parades, which according to his story was not identified with the crime.   The police said he was identified.
State Prosecutor  Ms. Rhondel Weaver from the outset  assured the jury  that she would lead evidence to prove that Harvey was the killer and that he had intended  to murder or to cause  the woman grievous bodily harm.
The prosecution had said that the question of an accident had been ruled out and so were self-defence and provocation.
One witness for the prosecution had said that acting on information he had visited the Stabroek Market area where he had seen and arrested the accused.
But the accused denied that he was a part of what happened at Vlissengen Road.   He said that  he was  present at the Stabroek  Market  where two junkies who were fighting  attracted  a crowd including himself,  when the police turned up and arrested those present.
He had told the jury in his unsworn statement from the  dock that  his was a case of being at the wrong place at the wrong time.
In her summing up the judge  told the jury about the elements that constitute murder and what they have to look for before they can arrive at a verdict of guilty of murder.  She did not address the jury on the question of manslaughter, stating that it was a case of murder or nothing. She also told the jury about a number of inconsistencies in the evidence.
The jury retired to consider their verdict and were expected to reach a unanimous verdict within two hours but did not return with one.
At 16.42h when they were sent for by the judge, the foreman of the jury asked for another hour.
After 17:00h they returned from the jury room and reported that they had not reached a verdict and that further directions would be of no help to them.
As such, the judge had no alternative than to discharge the jury and order a new trial for the accused at the June Criminal session.
Outside of the court, the accused holding his hands in handcuffs, complained to his lawyer that the cops had put him in chains while he was still in the court’s corridor.
He added: “Is the police that have me here for no reason at all and they are still after me.”
Murder accused Harvey has been remanded to prison to await his new trial.