Defence attorney to submit written submission for duo appealing 75-year sentence

Mash Day 2013 murder

The Court of Appeal on Thursday reserved its judgement in the case of the State v Devon Thomas and Randy Isaacs, who sought to overturn a conviction and the 75-year sentence for the murder of Enterprise, East Coast Demerara (ECD) businessman, Kumar Mohabir.

The duo was found guilty of the indictment, which stated that on February 23, 2013, at Vlissengen Road, Georgetown, they murdered Mohabir.
During a virtual hearing, Chancellor of the Judiciary, Yonette Cummings-Edwards and Justices of Appeal Dawn Gregory and Rishi Persaud ordered the murder convicts’ lawyer, Nigel Hughes, to hand over his written submissions in three days.
Once done, Assistant Director of Public Prosecutions, Diana Kaulesar-O’Brien will have three days to respond if necessary. The Judges enlightened both attorneys that once there is no need for further clarification, the court will go ahead and rule.
On the grounds listed for the appeal, the duo is contending that the trial Judge, Justice Navindra Singh, erred in law when he imposed on them an unduly severe sentence.

This is in addition to the Judge erring in law by usurping the discretion given to the Parole Board when he stated in his sentencing of the appellants (Thomas and Isaacs) when they would be eligible for parole.
The convicts are further arguing that Justice Singh erred in his direction to the jury on how to deal with the inconsistencies and discrepancies that arose during the trial between the witnesses’ testimonies.
According to previous media reports, the now dead man, who was with his family partaking in Mashramani celebrations, was attacked and killed by a group of men armed with broken bottles.

The altercation stemmed from the deceased stepping on one of his attackers’ feet.
Following investigations, the convicts were arrested and charged for the capital offence.