PROSECUTORS have begun presenting arguments opposing the appeal of five men convicted of the 2005 murder of businessman Dr Eddie Koury.
The five are arguing they were denied a fair trial in 2019.
Shawn James, Caleb Donaldson, Jerome Murray, Terry Moore, and Robert Franklyn were found guilty in December 2019, and sentenced to hang for Koury’s murder.
On April 3, their attorneys began presenting arguments before Justices of Appeal Mark Mohammed, Maria Wilson, and Ronnie Boodoosingh. On April 4, attorneys Mario Merritt and Evans Welch closed off submissions on behalf of their clients.
Attorneys for the men complain of multiple alleged missteps by the trial judge, including failure to properly direct the jury on critical legal and evidential matters.
>
Their arguments focused on conflicting medical opinions on Koury’s cause of death – decapitation versus stab wounds – and said the judge did not adequately guide the jury on how this affected key legal issues such as joint enterprise and felony murder. They have also argued the evidence supported a plan to kidnap and rob, not to kill.
Attorneys further challenged the judge’s refusal to dismiss a juror while they have also complained about the forensic evidence, DNA linking Koury’s blood to three accused, and James’ detailed confession.
In his submissions, special prosecutor Wayne Rajbansie said despite the complaints, “the fact remains, Dr Koury is dead and the five appellants are ultimately responsible for his demise.”
He also explained why there were two autopsies done and why the state opted to use the evidence of histopathologist Dr Shaeeda Barrow as opposed to state pathologist Dr Hughvon des Vignes, who was called by the defence at the trial.
“We relied on her evidence because of its completeness.”
Rajbansie insisted all five men “played specific roles in this joint enterprise.”
He also said none of them can rely on James’ confession statement to plead their innocence.
He also took the judges through the prosecution’s evidence, linking the men to the murder.
“There were clear discernible roles of all appellants that led to a full joint enterprise, starting with the robbery, the wounding and kidnapping which eventually led to his death.”
>
A two-day appeal turned into a three-day appeal which continues on April 10, with a possible fourth day being put aside for further submissions and replies.
The men are represented by Rajiv Persad, SC, Karunaa Bisramsingh, Shane Patience; Wayne Sturge and Danielle Rampersad, Gabriel Hernandez, and Daniel Khan.
Assistant DPP Danielle Thompson also appears with Rajbansie for the state.
