Sir Mars’s murder: Lawyer of murder accused writes GPF over leaked video recording of purported confession
Attorney-at-Law Bernard Da Silva, who is representing Brian Richards, the labourer charged with the murder of long-time educator Kirwyn Mars, has penned a letter to the acting Police Commissioner, expressing concern over a leaked video-recorded interview of his client.
In that video, which was first published by the News Room on May 13, Da Silva said his client allegedly admitted involvement in the murder of the popular comedian.
Da Silva, in his missive, told Top Cop Clifton Hicken that the video was published without “due process” being observed, and that its “ill-advised” release would inevitably cast a dark shadow of prejudice in regard to a fair trial for his client.
“As you are aware, any statement given by an accused prior to a trial is subject to judicial testing before admissibility is pronounced upon by a court of competent jurisdiction. The subject video interview is not excluded,” the defence counsel said.
While he contemplates legal remedies, the lawyer has requested an explanation from the Guyana Police Force (GPF) as to why the video was released to the public before the judicial pronouncement on its admissibility.
In the letter dated May 23, which was copied to the Chancellor of the Judiciary (ag) Justice Yonette Cummings-Edwards, Crime Chief Wendell Blanhum, and the Guyana Bar Association (GBA), Da Silva has also raised concerns about a breach of his client’s fundamental right to a fair hearing, guaranteed by Article 144 (1) of the Constitution of Guyana.
According to Da Silva, he expects the Police Force to issue a directive that the video be removed immediately from all forms of circulation.
Twenty-four-year-old murder accused Brian Richards, of John Fernandes Squatting Area, Georgetown, appeared before Magistrate Sunil Scarce on May 12 for the capital offence. He was not required to plead to the indictable charge, which alleged that on Sunday, May 7, in the Georgetown Magisterial District, he murdered Mars, 51, of Lot 211 New Settlers Street, Mocha, East Bank Demerara (EBD).
The accused, who is said to be married with three children, was remanded to prison until June 23. The preliminary inquiry (PI) into the matter will commence on August 7.
The body of Mars, popularly known as “Sir Mars”, was found pinned between his car and the fence of an apartment building at Perseverance, EBD. An autopsy revealed that he was stabbed eight times, including to his chest, right shoulder, collarbone, left hand, and right elbow, and has given the cause of his death as injuries to the chest as a result of being crushed, compounded by “multiple cutaneous wounds.”
It has been reported that, two days after committing the crime, Richards was arrested at his place of employment. He has since allegedly confessed to the murder. In his alleged confession, he detailed that, on the day in question, he and Mars arrived at the Green City Bar in Georgetown, where they consumed about two cases of beer altogether, before departing the bar to travel to Diamond, EBD via the Mandela-Eccles Highway.
On their way to that location, a misunderstanding arose between them, and a scuffle ensued. The murder accused related that, during the argument, he picked up a bottle and struck Mars in the head, but in retaliation, Mars collected a knife that was in the car and attacked him. He alleged that he managed to relieve Mars of the knife, and in turn stabbed him several times.
He told detectives that after receiving the stab wounds, Mars brought the car to a stop at a location in Providence, EBD, then exited from the driver’s seat and walked to the back of the vehicle. Richards said while he was trying to retrieve his phone, which had fallen in the car during the scuffle, his hand touched the lever and accidentally put the car in reverse, ultimately crushing Mars. After realising that Mars was motionless, he said, he panicked and fled the scene.
Nevertheless, despite his alleged confession, relatives of the accused are holding out that he is innocent. In fact, they claimed that the accused was dropped off at his home at 21:00h by Mars on the night in question.
Further, they stated that he did not have any evidence on his body to show that he was involved in a scuffle. “He was at home when they claimed the murder was committed… he did not commit the act… he is innocent…” a relative told reporters.
Mars, who was Deputy Principal at the New Central High School in Georgetown, had been a teacher since 1992. He was also an actor.