MARLON King’s new trial for the brutal murder of his six-year-old stepdaughter Amy Emily Annamunthodo is progressing before Justice Hayden St Clair-Douglas, although King is challenging the order for the retrial in the Privy Council.
His attorneys have already told the judge they will not be filing a defence statement in the case.
On Wednesday, St Clair-Douglas case-managed the matter, as ordered by the Court of Appeal in July, when it quashed King’s conviction.
King’s attorney Mario Merritt told the judge the defence had received written instructions from King and had also asked the State for disclosure of documents and evidence used in the first trial.
Prosecutor Indira Chinebas said most of what was asked for should be supplied by Friday. The judge also told Merritt he would want King to file a defence statement.
But Merritt said he will have difficulty doing so, as he made it clear he wanted the State to sign a certain document indicating that it had completed its disclosure and no fresh evidence would be advanced during the new trial.
“If they don’t sign, I will not be filing one (defence statement), and the rules allow me to not file it and say why.”
Merritt also said King had not considered whether he wanted a jury or judge-only trial.
The matter was adjourned to October 27.
Last week, the judge was told King was appealing the Appeal Court's decision to order the retrial.
Although there is no order by that court or the Privy Council instructing him to hold his hand on the new trial, St Clair-Douglas said he will stand down if he is so ordered.
However, he said he was bound by the Appeal Court’s direction that the case management of the new trial should be done expeditiously, since the matter was over a decade old.
King was sentenced to death after being convicted by a jury for Annamunthodo’s murder, after six days of directions by then Justice Anthony Carmona.
Annamunthodo, aged four, was burnt with cigarettes, hung from her hair and beaten. She suffered multiple internal injuries including a broken rib and bruised organs.
King was charged on May 15, 2006. He was in a common-law relationship with Annamunthodo’s mother, Anita.
Defence attorney Karunaa Bisramsingh is also representing King at the retrial.