The Guyana Court of Appeal on Thursday heard submissions from counsel for brothers Orwin and Cleon Hinds and Roy Jacobs, who had been convicted in 2015 and sentenced to 81 years in jail each for the murder of 72-year-old Clementine Fiedtkou-Parris.
Kevin October was convicted along with the trio and had also filed an appeal. He, however, recently succumbed to COVID-19.
According to the indictment, the quartet murdered Fiedtkou-Parris on June 30, 2011, as part of a conspiracy for money.
Fiedtkou-Parris was shot by one of two men who visited her Lot 42 Robb Street home on June 30, 2011 and inquired for her, police had said. As she came out of her bedroom, she was shot several times to the upper part of her body. The men then jump-ed into a waiting car while the injured woman was rushed to the Georgetown Hospital, where she was pronounced dead shortly after.
The remaining three convicts are appealing their convictions and sentences, arguing in their appeal that trial judge Navindra Singh made a number of legal errors.
Among their arguments is that the judge failed to sufficiently guide the jury, or at all, on how to approach the evidence, particularly with regard to discrepancies and inconsistencies and its reliance on such testimony.
They say, too, that the judge misdirected the jury on drawing inferences from rebuttal evidence adduced by the prosecution and also failed to highlight deficiencies in the state’s case.
Another complaint before the appellate court is that Justice Singh failed to warn the jury to disregard “the misrepresentation of the evidence and fallacy” and to also sufficiently guide the panel on how to approach the evidence of conspiracy.
Also laid before the appellate court are complaints of the trial judge failing to sufficiently guide the jury on how to deal with the issues of “principal and agent” and “presence and encouragement.”
Also put for the court’s examination is the judge’s alleged misdirection to the jury regarding the burden and standard of proof regarding defences of alibi and that their respective defences were not sufficiently put.
The men also argue that their sentences were severe and go against established guidelines.
Following presentations from respective attorneys for the appellants, the court announced that it will inform when it is ready to rule.
The appeal is being heard by acting Chancellor Yonette Cummings-Edwards and Justices of Appeal Dawn Gregory and Rishi Persaud.
Orwin and Cleon Hinds are being represented by attorney George Thomas and Adrian Thompson, respectively, while Jacobs is being represented by attorney Dexter Todd.
The state’s case meanwhile, is presented by Prosecutor Teshanna James-Lake.
