MAHENDRA Bishundial will spend his Christmas at home with his family as he was freed from a murder charge on Thursday afternoon.
The young man, who ran out of the courtroom in tears with his family, was remanded to prison since 2012 for the murder of Edun Poultry Farms employee, Aga Khan, at Buzz Bee Dam, Craig, East Bank Demerara.

Six months ago, Bishundial, called ‘Tyrone’ appeared before Justice James Bovell-Drakes and a 12-member mixed jury at the High Court in Georgetown, where he pleaded not guilty to the murder indictment. The charge against him alleges that on November 6, 2012 at Buzz Bee Dam, Craig, East Bank Demerara, he murdered Khan during the course or furtherance of a robbery.

A police release had stated that Khan was attacked by four men, one of whom was armed with a handgun and the others with knives. One of the men approached Khan and demanded cash.
Khan was driving motor lorry GJJ 2806, owned by Edun Poultry Farms, east along Buzz Bee Dam, when the men walked into the path of the vehicle, causing the driver to stop. The driver was shot to his neck in the process. Three men were arrested in connection with the matter. However, only Bishundial was charged for the crime.

The 12-member jury could not reach a verdict for the accused, however, he had been going through a retrial over the past month, before Justice Sandil Kissoon.

The prosecutors, Orinthia Schmidt and Lisa Cave, presented the state’s case to the court in a voir dire (absence of the jury) trial. After listening to their arguments, Justice Kissoon found that they did not have substantial evidence to prove that Bishundial was guilty. As such, he deemed that the evidence was inadmissible, so the jury was directed by the judge to return with a not-guilty verdict.

As Justice Kissoon said “Bishundial, you’re free to go”, his family burst into tears and waited for him to exit the courtroom before running into his arms. The prosecution gave notice that they will file an appeal, until then, Bishundial is a free man. He was represented by Attorney-at-Law Nigel Hughes.