Sentenced to death for the 2006 murder of Roydel Sandy, Herman Ally has appealed his conviction, arguing among other things that the judge who tried his case misdirected the jury on a number of pertinent legal principles.
Ally, also known as “Shark Oil,” was convicted by a jury for the capital offence on October 31st, 2012 and sentenced to death by hanging by Justice Roxane George-Wiltshire at the High Court in Berbice.
Outlining the grounds for his appeal, Ally contends that Justice George-Wiltshire misdirected the jury on the law of self defence and admitted into evidence, a caution statement which according to him, “ought properly to have been excluded.”
Additionally, he contends that the trial judge misdirected the jury on the law of murder, while also noting that she failed to permit him to mitigate his defence.
In fact, Ally says that Justice George-Wiltshire failed completely to permit him to put his defence to the jury.
Ally’s matter will be called for continued hearing before acting Chancellor Yonette Cummings-Edwards, Justice of Appeal Dawn Gregory and High Court judge Brassington Reynolds, on January 18th of the New Year.
The case is being heard at the Guyana Court of Appeal.
Ally is being represented by attorney-at-law Nigel Hughes.
Ally fatally stabbed Sandy at Rose Hall Town, Corentyne.
He claimed self-defence, saying that after he had an altercation with a woman, Sandy attacked him with a knife.
According to him, the stabbing occurred as he and Sandy struggled with each other.
Ally was convicted after facing his second trial. His first ended in a hung jury on March 8th of 2012, as a result of which a retrial had to be ordered.
He would, however, be convicted seven months later.