A Sangre Grande Magistrate freed a 25-year-old man on a murder charge but committed his 38-year-old uncle to stand trial at the High Court for unlawful killing.
Damien Cedeno, 25, and his uncle Rickie Bacchus, 38, of San Souci were both charged with the murder of fellow villager Anthony Hagley which allegedly occurred on 26th July, 2015 at the Surf Side Bar, Big Bay, San Souci, Toco.
Twenty-six witnesses gave evidence in the case.
Israel Khan, SC, submitted that there was no case to answer for murder in that no one testified as to who shot the deceased and there was not a scintilla of evidence that during a struggle with the accused men and the deceased either of the accused deliberately shot him.
Senior Magistrate Quintyne said that from all the evidence given she was of the view that Bacchus was performing an illegal act because he had in his possession a firearm and he was not the holder of a license.
“During the struggle, two shot were discharged from the gun” and as a result the deceased Anthony Hagley received a gun-shot to his chest from which he died,” said the magistrate.
Quintyne said that in spite of the fact that there was no direct evidence to show that Bacchus deliberately shot Hagley to death he must answer to a charge of unlawful killing.
Damien Cedeno was freed of the murder charge and Rickie Bacchus was placed on $150,000 bail to appear in the High Court to answer a charge of unlawful killing Anthony Hagley a 31-year-old fisherman.