Mark Greaves, the accused in the 2015 Christmas Day murder of Winston Fredericks, was discharged yesterday after Justice Navindra Singh upheld a no-case submission made by his attorney.
In his ruling on the submission, the judge said the state failed to produce sufficient evidence to disprove Greave’s claim that he was defending himself from Fredericks, who had attacked him with a “juka.”
Upon directions from the trial judge, the jury was ordered to return a formal verdict of not guilty, thus setting the visibly-relieved Greaves free of the capital indictment.
“I have found insufficient evidence for the case to go further and I now discharge you from custody,” Justice Singh told Greaves, who happily responded, “Allah is great.”
The charge against Greaves had been that he murdered Fredericks, also known as “Fluffy,” on December 25th, 2015 at Albouystown, George-town.
In her opening address at the commencement of the trial on Wednesday, Prosecutor Abigail Gibbs had told the court that Greaves stabbed Fredericks during an argument. The man later succumbed from the injury sustained.
In a caution statement that was admitted into evidence and which the defence did not challenge, the court had heard that Greaves stabbed Fredericks after he [Fredericks] had advanced towards him with the weapon.
The statement detailed that Fredericks stabbed Greaves, who retaliated by cuffing him, at which point he fell to the ground, as did the weapon. It was then that Greaves picked up the “juka” and stabbed Fredericks.
Former Police Constable Xavier Vasconcellos had testified to transporting Greaves to the Diamond Diagnostic Centre, where he was examined by a doctor.
At the conclusion of the examination, Vasconcellos said, the doctor issued a medical certificate. That document was tendered into evidence.
Responding to questions under cross-examination by defence attorney George Thomas, Vasconcellos said he saw the accused point out an area on his chest where he told the doctor he had been stabbed.
The witness said, however, that he did not actually see the injury.
The state’s case was led by Gibbs, in association with Prosecutor Shawnette Austin.
The trial was held at the High Court in Georgetown.