- File photo
TWO brothers from east Trinidad sentenced to death for the 2010 murder of a Biche farmer will have to wait a little longer to know if they are to face a new trial.
Justices of Appeal Maria Wilson, Ronnie Boodoosingh and Geoffrey Henderson deferred their ruling on a possible retrial of the murder trial after the State conceded on two complaints raised by the brothers in their appeal of their conviction.
Brothers John and Victor Flores were convicted by Justice Hayden St Clair-Douglas at the end of a judge-only trial on June 2, 2022. St Clair-Douglas said he was satisfied the brothers were guilty of the murder of Seecharan Sankar on May 24, 2010, in the Churuma forest. They were sentenced to death for Sankar’s murder. In his verdict, the judge said he was also satisfied the men attempted to murder Sankar’s brother Doodnath “Anil” Sankar and his cousin Johnny “Rohan” Ramnarine.
In all, the Flores brothers were found guilty of murder, two counts of attempted murder, and possession of a shotgun and ammunition.
For the attempted murder of the two other men, they were sentenced to 28 years minus the time spent in pre-trial custody leaving them with just about 19 years. The eight-year sentence for the weapon possession was considered already served.
It was the prosecution’s case that the brothers killed Seecharan Sankar and attempted to murder the two others after forcing them to help process their marijuana harvest.
In his verdict, St Clair-Douglas said based on the evidence presented at the trial, he was convinced John Flores was in the Churuma forest despite presenting alibies which he rejected. John Flores claimed he was in Maracas St Joseph to collect money from a friend while Victor claimed he was at Point Radix Road, Mayaro.
Although he faulted the identification parade of Victor Flores as being unfair, the judge said the surviving victims were with their assailants for some three hours in the forest, face-to-face, with normal daytime lighting conditions.
At their appeal, they complained about the judge’s findings on their alibi and identification.
The brothers were represented by public defenders Delica Helwig-Robertson, Whitney Franklin, Shane Patience and Darryl Douglas.
Deputy Director of Public Prosecutions Sabrina Dougdeen-Jaglal said the judge fell into error by looking for evidence to support the identification of both men, but that the error was greater for Victor than John since the eye-witnesses did not know him before.
At September 13’s appeal, the judges heard substantive submissions from the State and the men’s attorneys on where the judge went wrong, whether they should apply the proviso which allows a court to dismiss an appeal if it considers no substantial miscarriage of justice took place despite having agreed that the point raised on appeal was in the appellant’s favour and a retrial.
They have asked for further submissions from the attorneys after which they will decide if to order a new trial for the brothers.
Dougdeen-Jaglal argued in support of one while the public defenders were against it because of the time that has elapsed since the alleged offences despite the availability of the prosecution’s key witnesses and the further delay in the timetabling of a new trial.
They did, however, agree they could not argue the State’s case was weak but said there must be a balancing act.
They also referred to previous decisions of the Appeal Court which articulated a “new paradigm” that will not always result in retrials, even in serious cases, as the court will now consider the age of the case and the backlog in the criminal justice system.
September 13’s appeal was also Henderson’s first since his appointment to the higher court in August.
His colleagues and the attorneys welcomed him. “I feel honoured we are sitting with him in his first Court of Appeal matter, “ Wilson said.
Boodoosingh concurred. He said Henderson’s “vast knowledge in criminal and international law” would add to the appellate court’s jurisprudence and their deliberations.
He, too, said Henderson, a former DPP and judge of the International Criminal Court in the Hague, was “one of the most sincere and nicest people you could meet anywhere.”
“He is someone we are happy to embrace even if it (his appointment) came later than it should have.”
Henderson said he was deeply humbled by the plaudits of his colleagues and the attorneys and said it was a pleasure to start his first appeal with familiar faces.
“I look forward to continuing to serve in a new capacity. We serve citizens in different ways and
I hope to continue to serve effectively.”
