– judge orders probation report
Roxanne Daniels, initially charged with the murder of her lover’s estranged wife, was found guilty of a lesser charge of manslaughter last evening by a unanimous jury after more than seven hours of deliberation.
Justice Brassington Reynolds adjourned the matter to November 16 and has ordered a probation report before sentencing. The trial commenced in the High Court during early October.
Daniels of Cove and John, East Coast Demerara was not required to plead to the capital offence of murder when she appeared before Magistrate Fazil Azeez at the Vreed-en-hoop Magistrate’s Court on January 9, 2008.
It is alleged that on January 6, 2008 at Vreed-en-Hoop, West Coast Demerara Daniels murdered Iana Hamilton. Reports are that on the night in question Hamilton had gone to the New Road, Vreed-en-Hoop residence of her husband, from whom she was at the time separated and reportedly had a “scramble” with Daniels. Hamilton was stabbed during the scramble and was transported to the West Demerara Regional Hospital where she was pronounced dead on arrival. Her body bore a stab wound to the left side of her chest.
Her husband and Daniels were arrested and following investigations Daniels was charged.
State Prosecutor Zamina Ally during her address to the jury last week had said that Joseph Hamilton and the deceased were married in March 2007 and resided at the Lot 40 New Road Vreed-en-Hoop home where she was later murdered. Hamilton, the prosecutor told the jury, moved out of her marital home in October 2007. She and her husband were not always happy and quarrelled occasionally.
Ally further noted that during her testimony the accused claimed to be in love with Joseph Hamilton and said they would often visit each other. Some time before the fatal confrontation with her lover’s estranged wife, Daniels had visited Joseph Hamilton and had remained at his home until the January 9 incident.
Joseph Hamilton, Ally had explained, told the court under oath that he and Daniels were watching television at the Vreed-en-Hoop home on the night of the incident. He said he had heard someone calling out to him and went to see who had come. The man testified that when he went outside he saw the women “scrambling” each other “for a couple of seconds”.
Joseph Hamilton reportedly parted that fight and took the accused back to his bedroom. The man said he turned to look for a movie, which took about 40 seconds, and during that time Daniels left the bedroom. After hearing footsteps on the stairs, Joseph Hamilton told the court, he went to investigate and it was then Iana Hamilton called out to him, ‘Joe. Joe. Ah get bore’. He said he took her in his arms and she became motionless shortly after.
Ally proceeded to rule out any possibility of the accused acting as a result of provocation since, according to her, Daniels had a 40-second period during which to “cool off”. The fact that she left the bedroom after being taken there by Joseph Hamilton, the prosecutor contended, is evidence that she left with the intention to murder the deceased.
Self defence was also ruled out by Ally who said that Daniels was not being threatened at the time she committed the act but was the attacker posing a threat to the accused.
The jury left the courtroom at 11 am yesterday for deliberation. However, several hours later at about 2.35 pm the jury returned to the court requesting further directions on the definitions of provocation, self defence and murder.
After being briefed by Justice Reynolds the jury deliberated again and returned to the court room after 6 pm to pronounce Daniels not guilty of murder but guilty of manslaughter.
