The Court of Appeal is set to hear an appeal over the premature dismissal of a murder charge against a man, who was subsequently murdered, on July 20.
The date was set by Appellate Judge Alice Yorke-Soo Hon as the appeal brought by the Office of the Director of Public Prosecutions (DPP) against Kerlan “Mice Man” George came up for hearing on Tuesday.
During a virtual hearing, Yorke-Soo Hon noted that although the charge cannot be reinstated against Kerlan “Mice Man” George, the case was important as it will help develop the law regarding no case submissions where the State’s main witnesses recant their evidence and are deemed hostile.
She stated that the last time case law was developed in the area was in 1985.
“The Court of Appeal is ready to become adventurous in so far that it would address our needs,” she said.
“We must chart our own course. I don’t know what has taken us so long,” she added.
George was charged with murdering former Unemployment Relief Programme (URP) foreman Andrew “Bellies” John in December 2006.
In February 2011, George was freed by former High Court Judge Andre Mon Desir as he upheld a no-case submission over the evidence of John’s wife Nirmala Solomon.
Solomon, who was allegedly present at Wharf Trace, Maracas/St Joseph when her husband was shot nine times, was deemed a hostile witness as her evidence was considered manifestly unreliable.
On January 19, 2017, George and his friend Shameel “Kazim” Ali were on their way to the St Joseph Police Station for George to report as part of his bail conditions when they were ambushed by a group of gunmen, who shot them several times.
The incident came months after George and his wife survived a shooting in the community. The couple was driving near the St Joseph Community Centre. George was shot in his hand while his wife was shot in her face.
The DPP’s Office is being represented by Assistant DPP George Busby, while Jagdeo Singh, Renuka Rambhajan, and Lana Lakhan have been appointed by the court to represent George.