Arguments conclude in appeal to set aside 81-year prison term

2011 murder of Robb St granny

The Guyana Court of Appeal on Thursday completed hearing arguments on appeals by three men who are seeking to have their conviction and 81-year prison sentence overturned following a finding by a jury that they are guilty of the 2011 murder of Clementine Fiedtkou-Parris. The 72-year-old woman was gunned down at her Robb Street, Georgetown residence.

The convicted killers are Orwin and Cleon Hinds and Roy Jacobs. Following a trial before Justice Navendra Singh in 2015, the men were found guilty of the offence. Justice Singh imposed the 81-year prison term on each of them, with parole possible after serving a minimum of 45 years.
Notwithstanding the verdict, the men have all professed their innocence. According to the charge the men faced, on June 30, 2011, they murdered Fiedtkou-Parris pursuant to an arrangement whereby money was intended to be passed from one person to another.
The elderly woman was shot and killed on that night at her 42 Robb Street, Georgetown home. Media reports are that two men had gone to the woman’s home asking for “Auntie”. When the elderly woman emerged from her bedroom, one of them pulled out a gun and shot her several times to her upper body.
They fled the scene in a waiting motorcar, while the elderly woman was rushed to the Georgetown Public Hospital, where she was pronounced dead. It is believed that a bitter property dispute might have been the motive for her killing.

Seeking to have conviction quashed
In submissions, their lawyers have proffered arguments on which they are seeking to have the men’s conviction and sentence quashed. Among the grounds being advanced is that trial Justice Singh failed to highlight the deficiencies in the prosecution’s case, and in particular the many contradictions and how they affect the issues in the matter.
The lawyers are arguing that the trial Judge failed to warn the jury to disregard the misrepresentation of the evidence, fallacy, and the appeal to emotions made by the prosecutor.
Counsels for the murder convicts have also taken issue with the admission of caution statements purportedly given by their clients to detectives.
“The learned trial Judge erred in law in admitting the oral and caution statements attributed to Cleon Hinds into evidence. The burden is on the prosecution to prove that the oral and caution statements were voluntarily made,” contends Attorney-at-law Adrian Thompson.
Moreover, the men’s lawyers argue that the trial Judge failed to adequately put their clients’ defences to the jury for consideration.
They are also contending that the prison sentence imposed on their clients is severe, and not in keeping with established sentencing guidelines.
It is being argued that there is no basis in law for the judge commencing at a base of 60 years, which is nine years shy of the national life expectancy.
Attorney-at-Law George Thomas is representing Orwin Hinds, while Roy Jacobs is being represented by Attorney-at-Law Dexter Todd. Assistant Director of Public Prosecutions (DPP) Teshana James-Lake is appearing on behalf of the State.
This appeal was heard by Chancellor of the Judiciary, Justice Yonette Cummings-Edwards, and Justices of Appeal Dawn Gregory and Rishi Persaud. Following Thursday’s hearing, the Judges indicated that the Court would reserve its judgment.
Another man, Kevin October, who was convicted of the pensioner’s murder and had filed an appeal, died earlier this year in prison. Reports are that he succumbed following a battle with COVID-19. (G1)