Three men who have been in custody since 2014 on a murder charge walked free yesterday after no State attorney turned up in court for the start of the preliminary inquiry into the matter.
Bertiba O’Connor, 20, of Moruga, Waynee Boodram, 21, and Kareem Christopher, 24, both of Tarodale, Ste Madeleine, broke down in tears when Siparia Senior Magistrate Armina Deonarinesingh dismissed the matter.
The three were accused of fatally chopping Nathaniel Prince, 22, on July 5, 2014, during a hijacking at Clarke Road, Penal.
An autopsy revealed that Prince’s head was almost decapitated in the cutlass attack.
O’Conner, Boodram and Christopher were arrested shortly after the incident and has been incarcerated since then.
The preliminary inquiry was fixed to begin yesterday before Deonarinesingh in the First Court, but when the matter was the State attorney appointed in the matter was not present.
Another State attorney, who was in court for another matter, said the file had been re-assigned, but she could offer no further assistance to the court.
Each indicating that they were ready to proceed, defence attorneys Dane Halls, Rekha Ramjit and Chris Ramlal then put forward their respective submissions why the matter should be dismissed.
Saying that his client had been in custody for almost three years, Halls expressed his disappointment over the non-appearance of the State, especially as the matter was set to start.
Ramjit, Christopher’s attorney, cited a recent decision in the Sangre Grande Magistrates Court where in similar circumstances the charges were dismissed.
Ramjit also reminded the court that it was a capital offence and nothing prevented the State from relaying the charge.
Boodram’s attorney, Chris Ramlal, lamented that the new Criminal Procedure Rules expected to come effect shortly will have no effect if issues, such as the backlog of cases and delay in starting matters, are not dealt with.
According to police reports, Prince picked up three men at St Margaret’s Junction, Claxton Bay. The men asked to be taken to Penal.
Upon reaching Clarke Road, one of the men ordered him to pull aside and another locked his neck.
Another man then pulled Prince out the front passenger seat and began chopping him. The driver managed to escape.
The suspects were arrested shortly later.
Prince’s father, Mark Prince, said he did not want to comment “at this stage.”