The Court of Appeal of Guyana has upheld the manslaughter conviction and 23-year prison sentence of Daveanand Dhandharie, a Canje, Region Six (East Berbice-Corentyne) resident. Dhandharie was found guilty in 2018 of the 2016 killing of 27-year-old Omesh Seelall.
The appellate panel, comprising Acting Chancellor of the Judiciary, Justice Yonette Cummings-Edwards, and Justices of Appeal Dawn Gregory-Barnes and Rishi Persaud, delivered a unanimous judgment on Friday last, rejecting all grounds of appeal presented by Dhandharie’s attorney, Stacy Goodings.

The case stemmed from a confrontation on April 16, 2016, following a wedding house celebration in Canje. Evidence presented during the trial revealed that an argument ensued between the then 18-year-old Dhandharie and Seelall at a nearby shop. Witnesses testified that Seelall used derogatory language toward Dhandharie, provoking a heated exchange.

Dhandharie claimed that Seelall threatened him with a knife, prompting him to act in self-defence. However, the situation escalated when Dhandharie struck Seelall at the back of the head with a piece of wood taken from a nearby horse cart. The fatal blow led to Seelall’s death.
Dhandharie fled the scene but was arrested on April 25, 2016. During his arrest, he provided a written statement through his attorney.
Convicted of manslaughter in 2018, Dhandharie appealed the decision, asserting that: his defence of self-defence was inadequately presented to the jury, the trial judge’s summing up was biased in favour of the prosecution and that the jury was not properly instructed on handling inconsistencies and contradictions in the evidence.

Assistant Director of Public Prosecutions Teshana James-Lake opposed the appeal, arguing that the trial judge had adequately addressed all issues raised.
Delivering the court’s decision, Chancellor Cummings-Edwards rejected the appeal, stating that Dhandharie’s claim of self-defence was unsupported by the evidence. She emphasised the disproportionate nature of his response to the perceived threat.

“We [the court] feel that there were ample directions by the trial judge in relation to the issue of self-defence,” Chancellor Cummings-Edwards noted. “While the appellant [Dhandharie] may have perceived danger, the law requires a proportionate response.”
The appellate court also deemed the 23-year sentence appropriate given the gravity of the offence. Justice Cummings-Edwards underscored that the punishment reflected the seriousness of the crime and served as a deterrent to violence.
The original sentence was imposed by Justice Jo Ann Barlow. With the appeal dismissed, Dhandharie will continue serving his prison term.