Murder accused Onika freed on no-case submission
–  Overcomes State appeal against acquittal but sent back to prison to face escape from custody offence
THERE was drama in the courtroom yesterday following the acceptance by Judge Roxanne George, at the Demerara Assizes, of a defence no-case-submission that murder accused Onika King had no case to answer for the murder of her husband, Selwyn King, on December 13, 2006.
The first bout of drama occurred when leading Prosecutor, Miss Prithima Kissoon produced a Notice of Motion signed by the DPP, and stating that in accordance with the Court of Appeal murder Amendment, the prosecution was appealing                                                                                                                                                                                                     against the acquittal of the accused.
The second bout of drama came about when the judge noted that, in accordance with the Amendment, there was a requirement that the notice must be forwarded  to the judge before the accused is freed and must be dated on the day of the acquittal.
The judge noted that instead of the notice carrying yesterday’s date (July 11th)  it was dated July 8, 2011, and beside that, it was  presented to the  Court at a time after the accused was told that she was found ‘not guilty’ and was free to leave.
The third bout of drama surrounded the recalling of the incident, where, while the accused was at the Preliminary Inquiry in the small Court, facing the indictable charge of murder, she had escaped from lawful custody, and was subsequently charged with escaping from lawful custody, after she was recaptured.
The judge, taking cognizance of what had transpired in Court, allowed the accused to go on her own bail.
But she was held by the police and taken to the Supreme Court outpost where she was held with the hope of taking her back to prison until she gets bail from the magistrate.
In appealing against the acquittal, Prosecutor Prithima Kissoon was complying with section 33c of the Court of Appeal Act Chapter 3: 01 as amended by the Court of Appeal (Amendment) Act No 4 of 2010. The appeal was filed under Section 33 (1) of Chapter 3: 61 as amended.
Following the closure of the prosecution’s case by Miss Prithima Kissoon and Miss Konyo Sandiford, defence counsel, Mr. Peter Hugh rather than deciding to lead a defence, submitted to the judge that the prosecution had failed to make out a case for the accused to answer.
The Festival City murder trial began before Presiding Judge Roxanne George and a mixed jury at the Demerara  Assizes, where prosecution witness Hosea Jacobs testified that Selwyn King and his wife Onika were always in fights, with the  wife being the aggressor in most cases.
Onika, who was accused of stabbing her husband to death on the 13th day of December, 2006, had pleaded not guilty and was being represented by Attorney-at-Law, Mr.  Peter Hugh.
The Prosecution team included Miss Prithima Kissoon and Miss Konyo Sandiford.
In her opening address to the jury Miss Sandiford told them that at the time when the injuries were inflicted on Selwyn King, the accused Onika King either intended to kill Selwyn or to cause him serious bodily harm.
According to her, the accused was not acting in self-defence when the alleged offence was committed.
Telling about the facts, the prosecutor said that evidence would be led to show that the couple would ‘fight a lot’.  During the mid-morning hours of December 13, 2006, Hosea Jacobs, a friend of the deceased went to the couple’s lot 1830, Unity Place, Festival City, North Ruimveldt home to consult about a party that they were promoting. The men were in the promotion business.
Whilst there, Hosea told Selwyn something about a  female Police Officer, upon which Selwyn responded stating a desire he wanted to fulfil with that female police officer .
Onika King was in the living room during the conversation. When Hosea was leaving, walking down the stairs, he heard Selwyn groan and say certain things.
Onika King then came outside with a knife in her hand which appeared to have had blood stains. She spoke to Hosea and left.
Hosea eventually went upstairs only to see his friend in a crouched position begging for help. Selwyn King was taken to hospital where he later died.
Onika was arrested at the said hospital and she was eventually charged with murder.
According to the prosecutor, a post mortem examination performed on the body two days later revealed that he died from shock and haemorrhage due to a stab wound to the heart.
In her defence, the accused had raised the question  of self-defence and accident. She said that the deceased  had pelted her with a Bar-B-Que fork. They had scrambled each other and had fallen on the ground, when she  grabbed a knife which was on the ground nearby. She had the knife trying to keep him away from her, when she said, the accused accidentally walked onto the knife and got injured.
Justice George said yesterday that this defence of ‘Self defence’ and ‘accident by the accused’ was never destroyed by the prosecution.