Manlaughter accused freed on defence no-case submission — Discharged by judge

AS freed accused Fazal Bacchus walked away from the dock, the wife of the deceased accosted him saying: “You know that you killed my husband,” causing the freed man to turn back and report to the judge.

The judge then called on the police to maintain order.
Even before Justice Reynolds handed down his ruling yesterday , leading State Counsel Mrs. Teshana Lake, prosecuting, conceded that according to the evidence at her disposal, she was obliged to agree with defence counsel that Bacchus had no case to answer.
The judge commended counsel on her acceptance that her witnesses had let her down and declared that there was no other option open to her than to accept that no evidence-oral or written-supporting the charge of manslaughter had been led.
Justice Reynolds agreed with defence counsel that because of insufficiency of evidence, the oral and written statements said to be voluntarily made by the accused had to be rejected.
As a consequence, the judge directed the mixed jury to find Bacchus not guilty of the crime of manslaughter and to return a formal verdict of not guilty in his favour. Bacchus was then discharged.
On leaving the dock the accused tapped his lawyer on the shoulder and said “thank you” to the judge and jury.
But,as Bacchus was going through the door, the screaming wife of the deceased accosted him, stating, “You know that you killed my husband.”
Bacchus then returned to the court and reported to the judge what had happened . The judge ordered the police to maintain order.
Bacchus was charged with having on January 16th 2011 unlawfully killed Dhanpaul Rambarrack known as “Papalo.”
But the trial failed after the defence had proved through cross-examination that the accused remained silent when first a capital charge was put to him, resulting in the police tricking him by putting an assault charge in order to get a response. The particular officer admitted to the court that he did put the allegation of assault to the accused.
The judge noted that trickery had its part to play in the case.

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