Judge orders murder retrial for ‘Shark Oil’
HERMAN Ali, alias ‘Shark Oil’, who spent five years in prison awaiting trial, will have to face a retrial. This is because a Berbice Assizes, last Friday, failed to reach a verdict after deliberating for six hours and receiving further direction from Justice Brassington Reynolds.
The 61-year-old pensioner, who was indicted for the unlawful killing of fellow villager Roydel Sandy, between October 5 and 6, 2007, remains on remand in the New Amsterdam Penitentiary.
The victim was killed during a misunderstanding at Rose Hall Town, Corentyne, also in Berbice.
State Prosecutor Zamilla Ally, in her opening address on February 14, had said there is circumstantial evidence which would reveal that Sandy was seen on a roadway in the township, with a wound to his abdomen.
He was taken to the nearby residence of his mother, Cicely Brusche, from where he was transported to New Amsterdam Hospital, where he died hours later.
An autopsy report, by Government Pathologist Dr. Vivikanand Brijmohan, indicated that the cause of death of the then 42-year-old labourer was shock and haemorrhage, cuts to the gut and a stab wound to the abdomen.
The documentation also said the deceased had a scar from an old injury to his abdomen and an eagle tattoo on the left anterior chest wall.

SMALLER TRIALS
During the presentation of the case for the prosecution, there were several smaller trials to determine the admissibility, also of a dying declaration, which was, subsequently, admitted in evidence at the main trial.
The latter was introduced through the witness Danny Goberdan known as Shirley Persaud, who testified of seeing Sandy on the road with an injury to his abdomen and within the hearing of the accused, saying : “Shark Oil bore me.”
Ali, in a caution statement to the police two days after the alleged wounding, said he was in front of his yard when a neighbour, named Marva, started to verbally abuse him.
He said the woman chucked him and he chucked her back before her daughter approached with a knife in her hand.
“I took away the knife and bore Roydel in his belly,” the attestation quoted Ali as stating.
The accused, in unsworn testimony from the dock, said he was taking creole eggs to his daughter, who had delivered a baby three days ago, when Marva asked where he was taking them, prior to the two exchanging
abuse.
Ali said the woman, armed with a metal object, lashed the eggs out of his hands and he cuffed her. He said she threatened to call the police and he, in turn, encouraged her to go, quickly, to the station as he would be waiting on her return.
He continued that, on her way, he saw her stop and talk to a person who had a box on his head. He could not see who it was as it was some distance away but, shortly after, Marva’s daughter challenged him asking: “Uncle Shark Oil, is why you cuff my mother?”
He said he told her to stop and look on the ground, indicating the broken eggs.
Ali said he continued telling the daughter he was waiting on her mother and the police to come.

SHINING OBJECT
He said, afterwards, a man approached him, enquired why he cuffed Marva and dared him. He said the man had a shining object in his hand and bored him on his left hand.
“I tried to get hold of it. It looked like a jucker. I held unto his hand. He gave me a sudden ‘juck’. I fell on my right knee. He was over me cursing. I got giddy. But I still held unto him,” Ali related.
He said he suddenly felt Sandy’s weight on him as they, both, fell to the ground.
Ali said when he got up, he was going to tell Sandy’s mother but, when he called, no one answered, Later, he saw Sandy with changed clothes sitting upright.
Ali said he joined a car and went to New Amsterdam because he was afraid, but he was arrested the following day and taken to Rose Hall Police Outpost, where he was charged.
Defence Counsel Raymond Ally, in his submissions, raised the issue of self-defence, citing a single stab wound.
However, State Prosecutor Ally said the story told by the accused must not be believed although the case against him was based on circumstantial evidence.
She maintained that, although there was no forensic or fingerprint evidence, the guilt of Ali had been proved beyond reasonable doubt.