CoA reduces sentence for ‘Taliban’ to time served in attempted murder case

January 16 2025- The Court of Appeal has re-sentenced Samuill Intiaz Shaw, also known as “Taliban” and “Arno,” to time served, bringing an end to his prolonged legal challenge against a conviction for the 2012 attempted murder of Bajai Ramdass, popularly known as “Bruck Back.”

Shaw and his co-accused, Ramsammy Angeshallam, nicknamed “Babs,” were found guilty in 2016 of attacking Ramdass during a dispute at Crabwood Creek on January 16, 2012.

Shaw was sentenced to 17 years in prison, while Angeshallam received a 12-year sentence.

Both sentences were handed down by Justice Franklyn Holder at the Berbice Criminal Assizes.

Represented by attorneys Nigel Hughes and Narissa Leander, Shaw filed an appeal arguing that procedural errors during his trial undermined the fairness of the proceedings.

His legal team contended that his defence—that the victim’s brother, Jagdeo, also known as “Spraga,” was the shooter—was not adequately presented to the jury.

Chancellor of the Judiciary (ag), Justice Yonette Cummings-Edwards, delivering the unanimous ruling of the Court of Appeal on Wednesday, rejected this claim along with others and upheld the conviction.

She emphasised that Shaw’s defence, including his denial of being the shooter, had been properly communicated to the jury. “We [the court] see no harm in the circumstances,” she stated.

The appellate court also rejected additional arguments that the trial judge’s summation was biased toward the prosecution and that the judge misapplied the law concerning inconsistencies, omissions, and contradictions.

However, the Court of Appeal agreed that Shaw’s original 17-year sentence was excessively harsh.

Justice Cummings-Edwards explained that the trial judge had initially set the sentence at 22 years, later reducing it to 17 years due to a favourable probation report.

Applying sentencing guidelines and referencing similar cases from the Caribbean Court of Justice (CCJ), the appellate court deemed a 12-year starting point more appropriate.

After further reducing the sentence by six years for Shaw’s favourable probation report, the court concluded that the time he had already served in custody was sufficient.

This decision effectively granted Shaw immediate release.

The appellate panel, which included Justices Dawn Gregory-Barnes and Rishi Persaud, along with Justice Cummings-Edwards, upheld Shaw’s conviction while revising his sentence.

Assistant Director of Public Prosecutions Natasha Backer represented the state in the appeal.

The charges against Shaw and Angeshallam arose from a violent altercation reportedly tied to a failed business arrangement involving a plantain farm.

Ramdass testified that he was ambushed and shot by Shaw, leaving him blind in one eye and paralyzed from the waist down. Witnesses corroborated the claims, adding that Angeshallam assisted in restraining Ramdass during the attack.

Both defendants denied involvement, asserting that the victim’s brother, Jagdeo, was responsible for the shooting. However, their claims were rejected by the jury after more than two hours of deliberation.