Accused acquitted of Friendship murder
July 5, 2012
Sherwin Barnwell was acquitted of murder on Thursday after Justice Frankly Holder directed the jury to return a formal verdict of not guilty.
Barnwell was indicted with the murder of Nohar Bahadur, which is alleged to have been committed between December 24, and 25, 2006, at Friendship, East Bank Demerara.
The defendant pleaded not guilty to the indictment when it was read to him on his arraignment in Court Six of the High Court. State Prosecutors, Diana Kaulesar and Zamilla Ally, presented the state in the case.
Meanwhile attorneys, Norma Lewis and George Thomas were leading the defence.
Before the trial began, the prosecution had indicated that they would take 12 working days to present their case, however they took well over three working weeks. This delay was as a result of several adjournments requested by both the prosecution and the defence. There were further delays as a result of the accused retaining an additional attorney, Thomas, to work along with his previous attorney, Norma Lewis.
After presenting their last witness, the prosecution closed their case and the defence made a no case submission. Arguments were led by both sides in relation to the submission.
On Thursday, in the absence of the jury, Justice Holder upheld the defence’s no case submission on the grounds that the evidence led by the prosecution was weak and tenuous and therein not sufficient to be directed to the jury. The judge noted that whilst one the state’s witnesses testified seeing the accused “slapping and stomping” the deceased, the prosecution did not led any direct evidence to reveal exactly how the deceased received a blunt trauma injury to his head.
The jury was then called into the court room and directed by the judge to return a formal verdict of not guilty hence the accused was acquitted.
Before being set free after almost six years of incarceration, the accused stood up in the dock dressed in a white long sleeve shirt and black pants, and was asked by the judge if he had done anything constructive whilst in prison and the man replied in the affirmative.
As the police officer opening the dock to release him, Barnwell rushed past the officer, running out the courtroom onto the corridor towards his freedom.
According to reports, Bahadur had a confrontation with Barnwell on the night of December 24 and the following morning the former’s bludgeoned body was found on the corner of the Friendship Public Road.
Admittedly, this news report may not give a full picture of all the evidence in the case, but I believe it was wrong for the judge not sending the case to the jury based the reasons cited here:
1. "...Justice Holder upheld the defence’s no case submission on the grounds that the evidence led by the prosecution was weak and tenuous and therein not sufficient to be directed to the jury
2. The judge noted that whilst one the state’s witnesses testified seeing the accused “slapping and stomping” the deceased, the prosecution did not led any direct evidence to reveal exactly how the deceased received a blunt trauma injury to his head..."
Perhaps this judge needed a first hand experience to establish nexus and correlation between "Slapping & stomping" and "blunt trauma" head injury.