Days after the lawyer of Maryann Daby asked the court to dismiss an attempted murder charge against his client, citing several weaknesses in the prosecution’s case, the prosecution today replied to the lawyer’s no case submission and urged the court to find a prima facie case against the defendant.
Today, when the matter was called in the courtroom of Senior Magistrate Leron Daly, Police Prosecutor Richard Harris urged the court to find a prima facie case against Daby, citing that the prosecution was able to provide sufficient evidence throughout the Preliminary Inquiry. The magistrate, after listening to the prosecutor, adjourned the matter to June 17 when she will rule on whether indeed a prima facie case has been established against Daby.
On the last occasion, Daby’s lawyer Mark Waldron highlighted several weaknesses in the prosecution’s case.
Among the weaknesses highlighted by Waldron was the non-identification of Daby as the person who committed the offence. Later in the trial, the presiding magistrate informed the court that the gun Daby allegedly used in an attempt to commit the offence will not be tendered on the basis of contradicting evidence given by Superintendent Gary McAllister.
Daby, 25, of 127 D’Aguiar Park, Houston, Georgetown, was not required to plead to the charge which alleged that, on May 13, 2018 at Albert Street, Thomas Lands, Georgetown, with the intent to commit murder, she attempted to discharge a firearm at Police Constable Christopher Kissoon.
It was also alleged that on May 13, 2018 at the same location, she had a .32 pistol in her possession when she was not the holder of a firearm licence enforced at the time.
It was further alleged that on the same day, she had six live rounds of .32 ammunition in her possession when she was not the holder of a firearm licence enforced at the time. She denied the latter two charges after they were read to her.
The lawyer spoke at length, discrediting police ranks who were called to testify against his client. The lawyer said that these witnesses cannot be relied on since they gave inconsistent evidence.
Moreover, Waldron argued that there were several discrepancies in their evidence. According to the lawyer, Constable Holder, the prosecution’s key witness, went into the witness box and testified that he was instructed to change his initial statement by a senior police rank. The lawyer contended that even after the close of the prosecution’s case, identity was still an element of the offence left to prove.
He further said that at no time did the victim, Constable Kissoon, identify his client as the person who allegedly pulled the gun on him. Added to that, Waldron highlighted that the prosecution failed to call eyewitnesses and there was no video evidence or CCTV footage linking Daby to the crime.
Magistrate Daly informed the court that the gun Daby allegedly used would not be tendered on the basis of contradicting evidence given by Superintendent McAllister.
At an earlier court hearing, Superintendent McAllister, who is stationed at the Brickdam Police Station, gave contradicting evidence in the matter when he told the court that he brought one evidence bag from Brickdam Police Station marked GM 35AD2018 with one .32 Beretta pistol marked daa535775 with a magazine, along with four live .32 ammunition and two .32 spent shells.
However, on May 15, 2019 when the Superintendent showed up to tender the evidence as part of the prosecution’s case, he told the court that he uplifted the evidence bag with a magazine, four live rounds, and two .22 spent shells. These articles varied from his testimony of May 2.
According to reports, on the day in question Daby and her friends were at the Guyana Motor Racing & Sports Club. Constable Kissoon, who was off-duty and at the Club at the time, reportedly heard what appeared to be gunshots going off.
While checking for the source of the gunfire, he reportedly saw Daby firing rounds into the air and, as a result, he confronted her.
Daby allegedly became annoyed and pointed a firearm to his head and pulled the trigger. Fortunately, there were no more rounds in the gun.
