By George Barclay

CALVIN Bailey was yesterday freed on one murder charge but he was immediately taken back to the Georgetown prison on another such charge. He was discharged by Justice Suenaraine-Beharry, before whom he appeared on a child-murder charge. Like the two other jury trials Bailey faced for the murder of infant Shaquan Nathaniel Nero, at which the jury disagreed on a verdict, the jury before Justice Beharry yesterday turned out to also be a hung-jury.
And since it has been the practice by the authorities not to subject any person to more than three ‘Hung- jury’ trials Judge Beharry discharged the prisoner and told him he was free to leave.

But the police immediately broke the news that the discharged accused would be taken back to prison in relation to another charge of murder.
He was taken by the police from the dock to the lock-ups downstairs of the court, where he began weeping uncontrollably.
Calvin Thomas called Calvin Bailey was charged with having between April 4 and 5, 2007 in the county of Demerara murdered Shaquan Nathaniel Nero 18 months’ old.
The prosecution headed by Miss Orienthia Schmidt and Mr. Michael Sharoud led witnesses to prove that the baby was in the arms of the mother at a time when there was an argument between the couple when according to the mother the accused attacked her with a cutlass thereby injuring the child in the process. The child died. And the accused was later charged with murder.

An alleged eye-witness who did not see any weapon in the accused’s hand declared that he saw him thrusting away at the woman.
On the other hand the accused who had pleaded not guilty claimed that the woman was the person who was armed with a knife that had cut the baby accidentally.
One eye witness, Alfred Carrington, testified that he had seen the accused firing thrusting blows in the direction of the mother but he could not tell whether the accused had anything in his hand. But he later saw blood on the child.

Yesterday morning the judge summed up the evidence in two hours.
After deliberating for more than two hours without delivering a verdict, the jury sent a list to the judge concerning things that worried them.
The judge invited the jury to the court room where she answered the questions.

After receiving the answers to their questions the jury left to continue their deliberations.
Fifteen minutes later they returned claiming that there was a disagreement.

At this stage the judge noted that there were three disagreements of trials which according to practice, the accused would be entitled to a discharge and declared that he (the accused) was free to go. It was then that the court was told about the new murder charge. The discharged man was later taken away to the Georgetown prisons where arrangements will be made for him to face the other murder trial.