Interdicted cop accused of killing Brazilian miner freed by court – Guyana Chronicle
AFTER spending almost four years on remand for the murder of a Brazilian miner in the Puruni District, Cuyuni/Mazaruni, interdicted Police Constable Robert Daniels has been freed of the crime.
He had filed legal proceedings against the Attorney General, the Director of Public Prosecutions (DPP) and the Commissioner of Police.
The murder charge against Daniels was previously reduced to the lesser count of manslaughter.
Justice Navindra Singh ruled in favour of the application filed by defence attorneys, Dexter Todd, Dexter Smartt and Aliyyah Abdul-Kadir.
In court documents seen by this newspaper, Daniels argued that the criminal proceedings against him breached his constitutional right to a fair trial.
He further claimed that the investigation into the allegation of murder against him by the Police Complaints Authority was not properly executed and so, it has since rendered the criminal charge against him unsafe.
It was based upon the investigation carried out, that the DPP recommended that Daniels be charged with murder in August 2018. In 2019, Daniels was committed to stand trial for the capital offence after the conclusion of a preliminary inquiry.
In February 2020, the indictment was reduced to manslaughter by the DPP, and Daniels was released on $250,000 bail after his attorneys managed to secure his pre-trial liberty before another judge.
Justice Singh ruled that Daniels committal by the magistrate be set aside and that the DPP’s order of the manslaughter indictment is voided.
Daniels was charged with the August 11, 2018, murder of 37-year-old Evastevo Marques Costa.
Police investigations had revealed that a Subordinate Officer and Daniels of the Kurupung Police Station left the said station on August 10 on an ATV for patrol duties while being armed with a .30 carbine rifle.
They subsequently joined a boat and proceeded to a landing along the Puruni River.
Police said on arrival at the landing sometime around midday on Saturday, August 11, the Subordinate Officer claimed that he remained in the boat while the constable, who was armed with the rifle, exited and proceeded to a shop and shortly after, two loud explosions were heard which caused him (the subordinate officer) to make inquiries.
The body of a male Brazilian was seen lying on the ground a short distance away; he was picked up, placed in a boat and taken to the main landing.
However, Daniels had told police that he acted in self-defence since Costa shot at him with his firearm and he (Daniels) returned fire with his service weapon.
