Popular hotel owner, Erwin Bacchus was this morning charged with murder.
This charge comes one month after he was slapped with a manslaughter charge and released on $1.5M bail.
He appeared before Principal Magistrate, Judy Latchman in the Georgetown Magistrates’ Courts.
The new charge was instituted based on advise from the office of the Director of Public Prosecution(DPP).
This morning when the matter was called, Police Prosecutor, Neville Jeffers told the court that base on advised from the DPP, he will be unable to proceed with the manslaughter charge against Bacchus.
However, soon after that charge was withdrawn by Magistrate Latchman, a new charge was read to him.
Bacchus, 45, of Fifth Avenue, Subryanville, Kitty, was not required to plead to the charge which stated that on August 4, at Subryanville, Kitty, he murdered Jason De Florimonte.
The businessman is being represented by Attorneys-at-law Nigel Hughes and Glen Hanoman.
Hughes argued that it is unclear as to how the DPP is now advising that his client be charged with the capital offence of murder since no further investigation was carried out.
Hughes is now claiming that the DPP’s decision amounted to abuse of power.
The lawyer went on to tell the court that this decision by the DPP will now impact his client’s liberty since he cannot be granted bail and will have to be incarcerated.
The Prosecution, in replying to the lawyer’s concern about further investigation, told the court that the Post Mortem report was handed over to the DPP and the injuries shown is consistent with murder and not manslaughter, hence the new charge was instituted.
The Prosecution added that they will be calling a total of 20 witnesses in the Preliminary Inquiry (PI). These include persons who had given statements in relation to the manslaughter charge
Magistrate Latchman, after listening to listening to both sides, remanded Bacchus to prison until tomorrow for the Post Mortem report to be handed over.
He was also instructed to make an appearance on October 3 for the commencement of the PI.
The lawyers representing Bacchus are still contending that their client shot the De Florimonte in self defence.
Hughes stated that on the day of the incident, his client was merely trying to defend himself after he was attacked by the now dead man who was armed with a knife and a rolling pin.
Hughes stated that a handyman that works for his client saw De Florimonte abusing a woman outside the hotel and went to the woman’s rescue.
De Florimonte then turned his attention on the handyman who, in an attempt to save his life, ran into the hotel where he met with Bacchus.
The court heard that after De Florimonte began to stab at the handyman, Bacchus, who is a licensed firearm holder, in an attempt to intervene fired two warning shots in the air. De Florimonte then turned his attention to the businessman.
Hughes told the court that his client, in an attempt to protect his life, shot De Florimonte once in the chest and fired two more shots while he was advancing towards him.
However, facts presented by the court prosecutor differed from that of the defence.
Prosecutor Neville Jeffers stated that around 01:30 hrs on the day in question, De Florimonte was seen abusing a female and a handyman went to part them. Soon after, an argument ensued between them.
The court was told that De Florimonte began attacking the handyman with a knife and rolling pin.
It was then that Bacchus fired several shots at De Florimonte.
