Murder accused freed after two trials

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Sherwin Sampson, a man whom police were claiming murdered Regent Street businesswoman, Shairool Persaud, in 2006, is now free after his lawyers, Roger Yearwood and senior counsel Peter Britton, filed a habeas corpus in the High Court yesterday.


The order was granted by Chief Justice Ian Chang, who ordered that the accused be released immediately from police custody.
Sampson had been detained at the Brickdam Police lock-up since Thursday last, after his matter was discharged by Magistrate Nigel Hawke, at the Georgetown Magistrates’ Court.
Ás Sampson was proceeding to leave the courtyard, he was promptly taken back into custody on Thursday last.

According to Sampson who spoke to Kaieteur News, he was initially charged on December 6, 2006 with the murder of Shairool Persaud, after making a court appearance before Magistrate Oneige Walrond-Allicock.
He said that the preliminary inquiry lasted a mere three months and he was committed to stand trial in the High Court for the murder.
His lawyers, Roger Yearwood and Senior Counsel Peter Britton, had made a motion in the High Court, attempting to quash the magistrate’s decision in 2008.
The Judge, who heard the matter in the High Court, was Justice Jainarine Singh. Sampson said that on August 27, 2008, the judge stated that there was not sufficient evidence for him to stand trial in the High Court.
However, Sampson claimed that he was informed that the Director of Public Prosecutions had said that she was in possession of a photograph which showed a man purported to be Sampson, leaving the crime scene entering a car.
The matter was thrown back into the Magistrates’ Court and Sampson was recharged on January 29, 2009, after he made a court appearance before Acting Chief Magistrate, Melissa Robertson. His lawyers also filed a constitutional motion in the High Court, which stipulated that the matter be heard within 120 days also, if the accused be granted $500,000 bail and report to the police station every Monday, if the case was not finished.

His matter was transferred to court two, before Magistrate Nigel Hawke and his preliminary inquiry had been ongoing since then. He said that the same photo which the DPP had stated she was in possession of, was not admitted into evidence because Magistrate Hawke said that photo failed to positively identify Sampson.
The magistrate concluded that a “prima facie” was not made against Sampson because there is insufficient evidence linking him to the crime.
Yesterday, Sampson’s lawyers, attorney at law Roger Yearwood and Senior counsel Peter Britton, filed a Habeas Corpus in the High Court.
The Chief Justice ordered Sampson’s immediate release.
The elated young man said that the past three years have been a very hard time for him emotionally, mentally and psychologically.

He said that he is peeved to know that he was imprisoned for a crime that he did not commit. Sampson said that valuable time was wasted because of his imprisonment, further noting that entire ordeal has placed a financial burden on his family.
Sampson’s mother Debra, told this newspaper that the family is financially drained because of the legal fees.
She opined that persons in general should not be treated in that manner by the legal system.
“My son had his matter discharged twice because of his innocence, but yet still he was made to punish in jail although his innocence was evident and still they kept him”.
The father of one thanks his lawyers and family for never giving up on him.
Shairool Persaud called “Buck” was killed in 2006 at her Regent Street business place. Armed bandits invaded the store and shot her four times with a 9mm pistol, after she reportedly put up a struggle during an attempt to rob her.
Persaud was shot below her chin, head and twice in her foot.

Tuesday, June 9, 2009