Retrial ordered for case involving businessman who fired 11 times

2014 Land of Canaan shooting

After deliberating intensely for nearly six hours, the 12-member mixed jury involved in the trial of businessman Derek Jaisingh at the Demerara High Court was on Thursday unable to return formal verdicts on two counts of attempted murder.
This businessman has been accused of firing multiple shots at his neighbour Sherwin Hamilton, 44, and at Hamilton’s uncle, 54-year-old Welton Edwards. Nine of the shots fired struck Hamilton, and two hit Edwards.
The shootings occurred at Land of Canaan, East Bank Demerara on November 2, 2014.
The account of Edwards and Hamilton was that they sought to enquire from Jaisingh why he allegedly assaulted Sherwin’s brother, Raymond Hamilton. Jaisingh’s claim was that he thought the two men, in the company of others, were about to perpetrate a robbery on him.
Over the last two weeks, the jury considered these variables among other pieces

of evidence they were presented by State Prosecutors Orinthia Schmidt and Lisa Cave. Much of the courtroom was packed with relatives and friends from both the accused and the virtual complainants during that time, and Thursday was no different, as many persons were left without seating at the announcement of the verdict.
Just before dusk, the foreman informed the court that his fellow jurors could not come to a formal decision by way of 9-3 proportion, which was rendered on both counts. Earlier in the day, at about 14:30h, the jury sought further directions pertaining to the legalities surrounding self-defence and attempted murder.
Justice Sandill Kissoon informed the panel that should they accept that the defendant was under imminent threat or danger, they should consider the nature of the attack, and also if the amount of force used was reasonable. At that point, they had been unable to determine a verdict, and the dissenting voices remained steadfast in their position several hours later.
With close of this matter, the April criminal session was brought to a formal end, and the judge told a seemingly surprised Jaisingh that he will have to face another trial at the next practicable assizes. He will remain on bail pending the Director of Public Prosecution’s determination of another trial.
During the trial, Sherwin Hamilton had claimed that when they approached Jaisingh on the allegation, he pulled out his weapon and began firing shots at him and his uncle.
Sherwin, called “Nasty Man” said that he was sleeping in his shop at Land of Canaan when he heard screaming outside. He said he climbed up and looked out of his window and realised that the screams were that of his brother’s.
“I went over the road and I saw this man sitting on my brother hitting him with a gun. I went out and pull off my brother by holding [Jaisingh] on his shoulder. After that, he get up and snatch my jersey and dealt a lash to me with his gun to my head,” he said.
It was after this that Sherwin Hamilton went and called his uncle Welton to the scene. Sherwin’s brother, Raymond, had denied that he was “cooking up” a story when he said Jaisingh beat him with a chair, which led him to contact his two relatives, who were eventually shot.
The witness noted that he heard gunshots, and when he came out to see what was happening, he saw his uncle Welton Edwards lying on the public road in a pool of blood. (Shemuel Fanfair)