Brothers freed of killing uncle

Two brothers who were charged with the murder of their uncle have been freed in the Trelawny Parish Court after the parish judge upheld submissions by attorney-at-law Able-Don Foote that there was no intention to kill their relative, Clive Clarke.

Foote submitted that one of the brothers struck Clarke in defence of his brother who was being attacked by him.

The brothers, Shamario Green and Mikhail Hyman, both of Tyre District in Trelawny, had accused their uncle on February 20 this year of stealing chickens from their chicken farm. A report was made to the police but Clarke left the area before the police came.

Later that same day the uncle returned to the premises and an argument ensued between him and Green. During the argument, Clarke reportedly brandished a machete and was in the process of attacking Green when Hyman used a piece of board to hit him in the back of the head.

Clarke fell to the ground and was subsequently taken to hospital where he was pronounced dead.

The brothers were charged with murder.

A committal hearing was held last month to establish if a prima facie case was made out for the brothers to stand trial. The prosecution relied on the caution statements given by the accused brothers which outlined the circumstances that led to the death of their uncle.

Foote, who represented the brothers, submitted that the prosecution did not make out a prima facie case against the two accused. Foote argued that it was clear that Hyman had no intention to kill his uncle and only struck him in defence of his brother.

The judge upheld the submissions and the men were freed last week Friday.

- Barbara Gayle

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