A man serving a 12-year prison sentence for robbery offences, had his conviction quashed yesterday by the Court of Appeal. In an oral decision, Justice Rajendra Narine said because of the age of the matter, spanning close to 17 years, there should be no retrial for Harry Estrada. Estrada, of Dorrata Street, Morvant, was represented by attorney Jagdeo Singh. The Appeal Court, also comprising Justices Paula Mae Weekes and Alice Yorke-Soo Hon, ruled that the conviction was unsafe as the appellant's counsel at trial had not put the issue of "good character" evidence to the jury.
Singh, who made the submission, contended that the issue should have been put to the jury especially in light of the fact that "bad character" evidence had already been put to the jury. Singh noted, too, that although Estrada's counsel "failed in his duty," trial judge Justice Melville Baird should have directed the jury accordingly. "In these circumstances, it was clear that the appellant's counsel knew that the appellant was a man of good character and failed to put that evidence before the jury," Singh submitted. "It is also clear that the learned trial judge would have been aware of this and also failed to put the appropriate directions to the jury."
Estrada was convicted in the Port-of-Spain High Court, and on July 5, 2010, was sentenced to 12 years' imprisonment on charges of robbery with aggravation and robbery with violence. He was charged with robbing the Young family in Barataria of several electronic items and the sum of $500 was taken from the handbag of one of the occupants of the home. The incident was alleged to have occurred on June 19, 1993. Estrada testified that on the night of the alleged incident, he had gone to a party in South Oropouche. His girlfriend had testified that he was so drunk that he had a hangover the next day. Joan Honore-Paul made submissions on behalf of the State. (IS)
