Hung jury in trial of man accused of 2007 baby murder

Calvin Bailey, the man accused of slaughtering an 18-month-old child, whom he says was his, in 2007 at Linden, will now have to face a retrial after a mixed jury could not arrive at a verdict.

Bailey, also called “Calvin Thompson”, “Mara” and “Coochie” of Wisroc Housing Scheme, Linden, was indicted with the capital offence of murder, which alleged that between April 4 and 5, 2007, at Lot 1070 Cinderella City, Amelia’s Ward, Linden, he murdered Shaquan Nero.
On Friday, Justice Navindra Singh summed up the evidence presented before the 12-member jury panel. This process lasted for just about two and a half hours, during which the judge explained significant elements of the crime.
The jury then retired to deliberate and returned some four hours later, indicating that they were not able to arrive at a unanimous decision. Justice Singh enquired whether further direction or explanation would clear up jurors’ doubts, and after consulting with other jury members, the foreman informed the court that they had already made up their minds. Justice Singh then told Bailey, who was standing in the dock with tears rolling down his cheeks, that the jury could not arrive at a unanimous verdict, so he would be further remanded until his case is recalled in another assizes.
The trial began on January 31, when the prosecution, led by state counsels Konyo Sandiford-Thompson and Dhanika Singh, made its opening address before the jury, and then presented five witnesses. Four witnesses and the other was the uncle of the baby’s mother, Alfred Carrington, who witnessed the incident.
Carrington said he heard his niece scream and went to her aid when he saw the accused plunging an instrument up and down into the infant. He said prior to the incident, the accused and the baby’s mother, Bernadette Nero, had a misunderstanding and were fighting, so he parted them and sent the man away. Another witness had testified that the accused was not the father of the toddler. Nero has migrated and was not available for the trial.
On Tuesday last, the prosecution closed its case after which Bailey’s attorney, George Thomas, made a no-case submission, stating that his client should not be called upon to lead his defence, since the prosecution had failed to present “each and every element of the crime”.
Prosecutor Sandiford-Thompson responded that the state has provided sufficient direct evidence against the accused, so he should be called upon to lead his defence.  The prosecutor cited other cases to support her argument, adding that inconsistencies and discrepancies are matters for the jury to address. The trial judge then threw out the no-case submission.
On Thursday, the accused elected to lead his defence by giving an unsworn statement from the dock. He stated that he went to meet his reputed wife to ask for their son and was put out of the yard. The man said that he returned later and picked up the child and was walking away when he felt a pain in his arm.
The accused said he turned around and Bernadette “fired” another lash, hitting the baby on his neck. He said he told his reputed wife: “Bernadette, watch wah you do; you jook de child in he neck”.
Bailey said he took his shirt off, wrapped it around the child’s neck and went to get a taxi, after which he and the woman took the child to the hospital. The man said after he left the hospital he never returned because his reputed wife called and told him that Shaquan had died and she threatened to tell the police that he was the one who killed him.
According to reports, Bernadette had left the Wisroc Housing Scheme home she shared with the accused, after they had a misunderstanding. She then went to her aunt’s home, where he subsequently visited her. An argument had ensued between the reputed couple and he was put out of the house by the woman’s uncle. He left, but was apparently lurking nearby and attacked his reputed wife as she was taking her sleeping son upstairs. He was aiming for the woman’s neck when she fell back and the cutlass connected with her son’s neck, instead.  The child died at the hospital and a postmortem revealed that he died as a result of the stab wound to his neck. The mother had also sustained chop wounds to her head and right arm.
Thompson had fled the scene and remained in hiding until July 28, 2007, when, police believed, that he emerged from hiding and along with an accomplice, murdered Aubrey Laurie, a 33-year-old ex-policeman, near the Lucky Spot Ranchat Wismar, Linden.