A tradesman from Diego Martin will have to face a retrial for allegedly murdering a 21-year-old man almost 16 years ago.
Appellate judges Gillian Lucky, Mira Dean-Armorer, and Malcolm Holdip ordered the retrial for 40-year-old McLean Delpeche after upholding his appeal over being convicted of the offence in early 2020.
The outcome of the appeal was largely based on concessions made by Deputy Director of Public Prosecutions (DPP) Sabrina Dougdeen-Jaglal over the handling of the case by the judge assigned to it.
Despite making the concessions, Dougdeen-Jaglal maintained that they did not apply to the judge’s handling of identification evidence allegedly linking Delpeche to the crime, which she claimed was carefully, meticulously, and thoroughly explained to the 12-member jury that convicted him.
She submitted that another judge would be well placed to similarly direct the jury on such evidence and could also deal with concerns raised by Delpeche’s lawyers, Keith Scotland, SC, and Asha Watkins-Montserin, which she admitted were not properly addressed during his first trial.
Justice Lucky and her colleagues agreed with the submissions, as they expressed confidence that the errors would not be repeated in a retrial based on the outcome of the appeal.
They also noted that under the Criminal Procedure Rules, the case could be fast-tracked, as they ordered that it be immediately docketed before a judge and given priority.
Delpeche, of Farm Road, Richplain, Diego Martin, is accused of murdering Elijah Baksh on May 30, 2008. Baksh, originally of Lowlands, Tobago, was seated in a car parked along Norfolk Street in Belmont when he was shot several times.
Delpeche was initially convicted by a jury before former High Court judge and current Appellate Judge Carla Brown-Antoine and was sentenced to the mandatory death penalty.
The sentence was quashed as part of the appeal. Delpeche is also awaiting trial for the murders of T&T Defence Force (TTDF) Cpl Ancil Wallace, also of Richplain, Diego Martin, and his best friend Noel Charles, of Cocorite, who were killed almost two weeks after Baksh. On June 15, 2008, Wallace, 46, and 42-year-old Charles were at Wallace’s home celebrating the christening of his son when they were attacked. (DA)