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THE Court of Appeal has overturned the conviction and sentence of a man, who was found guilty in 2022 of murdering seven-year-old Abigail Norman during a 2008 shooting in Penal.
Adrian Mohammed, who was 17 at the time of the incident, had been sentenced to detention at the court’s pleasure under the Children Act, with a minimum of 20 years, after he was convicted at a judge-only trial in 2022. Mohammed, of Sunrees Branch Road, Penal, was accused of storming a house at King Street, Penal, with another, killing Norman and wounding her eight-month pregnant cousin.
Abigail was shot in her neck when two gunmen stormed her cousin's home, where she was spending some time, and started shooting randomly. Mohammed appealed his conviction and sentence, and on June 26, Justices of Appeal Gillian Lucky, Malcolm Holdip and Carla Brown-Antoine allowed his appeal and ordered a retrial.
At his appeal, Chief Public Defender Hasine Shaikh, SC, and Ayanna Norville-Modeste raised four grounds of challenge.
At trial, the State’s case heavily relied on the evidence of a now-deceased witness, while Mohammed presented an alibi through three witnesses, claiming he was in Mathura at the time of the shooting. In their ruling, the Appeal Court found that the trial judge erred in assessing the evidence of a statement Mohammed allegedly gave to the police and on his alibi.
The court also ruled that the sentence imposed was unlawful, as it was based on repealed legislation. The newer Children Act of 2012, which was in effect at the time of sentencing, should have guided the decision.
Justice Brown-Antoine, who delivered the oral judgment, said the trial judge had failed to properly assess the identification evidence and misapplied the law concerning Mohammed’s sentence.
The judges held that under the “lex mitior” principle, which requires a more lenient punishment to apply when laws change, Mohammed should have received a discretionary life sentence with a set minimum term and the possibility of review. In quashing Mohammed’s sentence and conviction, the Appeal Court determined that the interests of justice would best be served by a retrial rather than applying the legal proviso to uphold the conviction. A written judgment is expected to follow.
Special prosecutor Wayne Rajbanie represented the State.
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