Appeal Court orders retrial for two accused in 2013 Mash Day murder

The Court of Appeal on Tuesday ordered a retiral for Devon Thomas and Randy Isaacs, the two men who were found guilty and sentenced to 75 years’ imprisonment each for the February 23, 2013 murder of Enterprise, East Coast Demerara businessman, Kumar Mohabir.

Following a trial before Justice Navindra Singh in 2015, the men were convicted of the crime by a jury and were consequently sentenced to imprisonment. Justice Singh had also ordered that they do not become eligible for parole until after serving a minimum of 40 years. Dissatisfied with the ruling of the trial court, Thomas and Isaacs filed an appeal challenging their conviction and sentence on several grounds.

Chancellor of the Judiciary Justice Yonette Cummings-Edwards and Justices of Appeal Dawn Gregory and Rishi Persaud deliberated on the case and found that the trial judge made several errors in law in the trial proceedings. Accordingly, the Judges set aside the men’s conviction and sentence and ordered that they face a new trial at the next practicable sitting of the Demerara Assizes.

According to reports, a group of drunken men who were armed with bottles attacked Mohabir after he went to collect a tent he had rented to his neighbours for Republic Day celebrations.  The injured man died while receiving treatment at the hospital.

The two murder murder accused were represented by Attorney-at-Law Nigel Hughes, while Assistant Director of Public Prosecutions Diana Kaulesar-O’Brien appeared for, and on behalf of the State.