Accused gets 10 years in Kilcoy manslaughter retrial

In the third trial, manslaughter accused Wazim Mohamed, 26, was found guilty by the mixed jury in the Berbice High Court last Thursday and Justice Dawn Gregory Barnes sentenced him to 10 years for the unlawful killing of his one-time friend, Russel Nelson, 62.

altMohamed is alleged to have beaten Nelson on a dam at Kilcoy Village on the Corentyne in September 2005 and left him in a critical condition. He was picked up and rushed to the hospital. He died three months later. Mohamed was later arrested and charged. This is his third trial – the two previous ones ended in hung juries.
In handing down the sentence at the Berbice Assizes last Thursday, the judge noted that the statement attributed to the accused was accepted by the jury as it recorded incidents only known to the deceased and the accused.

“It was the pillar of the prosecution’s case.”
In that document which was tendered  and marked Exhibit A  in the trial , the accused, then eighteen years old, is recorded as saying, “Last night (September 27, 2005) I was going home and I saw Nelson known as ‘Jonesie’ on the road. He stopped me and asked for a cigarette. I gave him it. He ask me for a drink, but I said I do not want. However, I followed him to many shops before stopping at Arjune fowl farm, where I spoke to the security guard there. Me and Jonesie had a fight. We were drunk. I drank vodka. He cuffed me on my nose and cut my hand, before riding away on his bicycle.”
According to Mohamed’s statement which was read by Detective Corporal 16841 Brian Sam, he stated: “I picked up a piece of wood and rode behind him, and caught up with him in the vicinity of Esau’s house. I lashed him. I do not know how many times. Jakey’s son Shameer came. I ran in a nearby yard where he (Shameer) entered and cuffed me on my nose. Jakey took me to the station and handed me over to the police.”
State Counsel Dionne Mc Cammon had earlier presented the indictment in which Mohamed was accused of brutally and unlawfully injuring Rawle Nelson on September 27, 2005, which resulted in his death on December 5, 2005.
In her address to the jury, Mc Cammon argued that the caution statement was not a prepared document which the accused was forced to sign.
“Instead, when you retire and read the document, you will see that which was recorded was only known to the accused. The witnesses were not around – how would they have known that ‘Jonsie’ had cuffed the accused on his nose,” she questioned.
“How would the witnesses have known that they went from shop to shop, and that he, the accused, rode behind Jonsie and lashed him with a piece of wood. The contents of the statement could only have come from the accused,” she emphasized.
Meanwhile, after the ten-year sentence was passed relatives of the accused, sobbed openly before exiting the courtroom.
However, defence counsel, Charrandas Persaud told the court that his client was traumatized by the whole affair, especially since he had to undergo three trials.
“As he stands, Your Honour, he maintains his innocence. He is a young man. He was at a tender age at the time of the offence. While it is true that Russell Nelson died, my client had expressed his condolence to the friends and relatives. He has served a lot of time awaiting trial. It had been a severe economical burden to him as there were three trials.”
Following the lawyer’s revelation that Mohamed had been incarcerated pending the trial, State Counsel Mc Cammon, jumping to her feet, advised the judge that the convict had been released on bail.
Additionally, following a previous trial at the New Amsterdam Court, Mohamed was found guilty of trafficking 30kg of cannibas sativa and cultivating a prohibited plant at Gate Roy, Berbice River.
On that occasion, he was sentenced to eight years imprisonment but he is currently serving four years.

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