DEREK ACHONG
Senior Reporter
derek.achong@guardian.co.tt
A 35-year-old man from Diego Martin has been freed of murdering a neighbour in 2009.
Sylvan “Split Peas” Thomas, of Covigne Road, Diego Martin, was acquitted of the charge at the end of his judge-alone trial before Justice Trevor Jones on Wednesday.
Thomas was accused of murdering former Unemployment Relief Programme (URP) labourer Akiel Bernard on January 30, 2009.
Bernard and a 13-year-old relative were seated in his car near his home, when they were approached by two gunmen who shot Bernard several times before running away.
The teen shielded himself with his school bag and managed to escape without being shot.
The State’s two main witnesses were the former teenager and a neighbour, who claimed to have witnessed the shooting from her bedroom window.
While both claimed to have recognised Thomas as one of the shooters, they gave conflicting accounts of the clothing he was allegedly wearing and his hairstyle at the time.
They also gave varying evidence over the lighting and weather conditions on the morning of Bernard’s murder.
In his ruling, Justice Jones described the evidence linking Thomas to the crime as tenuous.
He also found fault in the procedure utilised by homicide detectives to have the witnesses officially identify Thomas.
In their closing submissions in the trial, which began last week and was completed in five days, Thomas’ lawyers, led by John Heath, SC, also pointed out that police officers failed to investigate his alibi that he was at work at the time of the shooting.
“The State has not led any evidence which disproves the alibi ... The court is asked to carefully consider why, in the circumstances of this case, the prosecution have been unable to disprove the alibi,” they said.
Thomas was also represented by Karunaa Bisramsingh and Sheldon Mycoo.