Senior Magistrate Leron Daly moments ago discharged the matter against businesswoman Maryann Daby, who was accused of attempting to kill a police officer by pointing a gun to his head and pulling the trigger. In her dismissal, the magistrate cited that the prosecution’s case was not credible while, in response, the prosecutor called for the other matters against Daby to be transferred due to what he deemed as the court’s prejudice.
According to the magistrate, the prosecution’s case was not credible due to the conflicting evidence led by Superintendent Gary McAllister; Police Constable Christopher Kissoon, the victim; and Police Constable John Holder, the main witness.
The Magistrate in discharging the matter highlighted a number of concerns with the witnesses’ evidence.
Speaking on Constable Holder, the magistrate told the court that during the trial the officer, under oath, said that his statement was not a true reflection of what transpired on the day in question. She added that he had said in his evidence that he did not see Daby discharging a firearm neither was he able to identify the person. She also noted that he told the court that Superintendent McAllister told him to change his statement to make it sync with that of his colleague.
As it relates to Constable Kissoon’s evidence, the magistrate said he failed to positively identify Daby and that, in his statement, he had said he heard what appeared to be gunshots but there were no spent shells recovered on the scene and no video evidence to support his story.
Meanwhile, Magistrate Daly told the court that when McAllister presented his evidence, he produced an evidence bag containing a .32 pistol with six magazines but, on his second court appearance, the gun and the ammunition were not the same. Hence, she rejected that portion of his evidence.
For the aforementioned reasons she disregarded their evidence and discharged the matter against Daby.
However, soon after the ruling, Police Prosecutor Richard Harris stood before the magistrate and asked that the unlawful possession of firearm and ammunition charges be transferred to another court on the grounds that the presiding court’s mind has already been prejudiced.
Daby is expected to make her next court appearance on July 30 for report in the firearm-related matter.
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.
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. Throughout the trial she was represented by attorney-at-law Mark Waldron.
