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Retrial ordered for murder accused

Jurors unable to agree

By Nikita Braxton-Benjamin nikita.braxton@trinidadexpress.com

A RETRIAL has been ordered in the case of 2003 murder accused Dwayne Nigel Lynch.

After four hours and 40 minutes of deliberating,  the 12-member jury could not reach a unanimous decision. 

Justice Geoffrey Henderson discharged the jury and ordered a retrial.

It was the State’s case, as led by attorney Mauriceia Joseph, that on November 22, 2003, Richard Mark was liming with others at Cabaret Club, La Pique Plaza, San  Fernando, when there was a dispute between him and a woman inside the club after he bounced her and his drink spilt on her.

Outside the club, Joseph said: “The accused, in essence, told Richard Mark, ‘I hear you disrespecting my sister inside there’.” 

Attorney Joseph said Mark, 35, of La Romaine, responded: “I don’t really care about you or your sister.”

The attorney had said Lynch, 33, pulled out a gun and shot Mark, who fell to the ground.

“The accused shot him again and walked down the road,” she had told the jury at the opening of the case.

Mark died at hospital.

It was the defence’s case that there was an argument between the two men after Lynch’s sister claimed Mark touched her buttocks. 

Defence attorney Larry Williams said it was Mark who pulled out a gun and during a scramble, the gun went off twice, shooting him (Mark).

Williams, who was instructed by attorneys Kareem Vinton and Michael Rooplal, said his client never fired the gun.

Yesterday, before the San Fernando First Court, the jury took three hours to deliberate on a verdict.

After the time elapsed, the jury was unable to agree on a verdict.

Asked if more time would assist, the jurors said it would not.

Henderson then gave further directions. He told them they were not to be pressured into deciding on a verdict, but he asked if they may be able to agree if they returned to the jury room.

They did so for a further hour and 40 minutes.

In they end they still were unable to arrive at a decision.

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