Court orders retrial for man accused of killing Sugar Aloes' son in 2006

A 34-year-old man has successfully appealed his conviction for allegedly murdering the son of veteran calypsonian Michael “Sugar Aloes” Osuna in 2006.

On Thursday, Justices of Appeal Prakash Moosai, Gillian Lucky and Maria Wilson allowed Arnold Issac’s appeal because of errors of the trial judge at his second trial, in 2018, by not directing the jury on two critical issues as it related to evidence of mistaken identity and recognition.

Where the case against an accused depends mainly on the correctness of one or more identifications of the accused – which the defence alleges to be mistaken – judges are required to warn the jury of the need for caution when relying on this evidence.

Lucky, who delivered the decision, said Issac’s attorney, Keith Scotland, was correct in his submissions that the judge should have given the direction and warning to the jury on this crucial piece of evidence.

Lucky said when they looked at the judge’s summation, it was clear he removed the consideration of identification evidence and mistaken identity from the jury.

They also admitted to being “taken aback” that the issue was not discussed at the special hearing at the close of the evidence where issues in the case and the directions a judge should give to the jury are discussed with trial counsel.

“This very issue should have played a starring role as it is the main ground on which the appeal has been determined.”

For this, the judges also said the blame was not for the judge to carry alone but also for trial counsel.

Lucky reminded that these types of discussions were important as defence counsel had a duty not only to the court but also to their clients.

The judge also put on record that Scotland was not Isaac’s lawyer at his trial.

Issac’s two other complaints did not find favour with the judges.

The Appeal Court ordered a retrial for Isaac and it is to be assigned to a judge no later than next week Friday.

In May 2018, Isaac was found guilty of murdering 26-year-old Imo Osuna on October 29, 2006.

Osuna was attending a christening near his home at Pioneer Drive, Sea Lots when he was ambushed by a group of gunmen, who shot him several times.

The attack was allegedly retaliation for an incident, days earlier, in which Osuna reprimanded a group of men for robbing a patron at his (Osuna) charity event.

Isaac was previously put on trial in January 2015 and it ended in a hung jury as jurors could not arrive at a unanimous verdict for him.

At the second trial, the jury found him guilty.

At the appeal, Scotland maintained that in the second trial, Justice Norton Jack failed to direct the jury on how to consider the credibility of the evidence of two brothers, who attended the christening and initially claimed that Isaac was one of the gunmen.

While testifying in the case, the siblings were deemed hostile witnesses as they claimed that they were asked by a man to frame Isaac. Both witnesses, who claimed to have known Isaac for several years, also gave varying descriptions of the clothes he was allegedly wearing when Osuna was attacked.

Scotland also claimed that the judge failed to advise the jury on how to consider the evidence of a gun, linked to spent shells found on the scene of Osuna’s shooting, that was allegedly found in Isaac’s apartment.

He suggested that the judge did not properly explain the possibility that the gun was planted there by the informant, who tipped off police about Isaac’s possible involvement.

Scotland argued that the judge should have quizzed the foreman of the jury over an incident in which an alternate juror was allegedly approached by one of Isaac’s relatives during the trial.

The complaints on the firearm and the jury foreman were dismissed by the Appeal Court.

Arguing against the appeal, heard in September, last year, special prosecutor Travers Sinanan said that while the jury could have given better directions on the eyewitnesses’ evidence, the jury was free to believe the statements they initially gave to police before they recanted aspects of it.

At Thursday’s hearing, the judges paid special tribute to Sinanan, who died in April.

Isaac was also represented by deputy Public Defender Raphael Morgan and Keisha Kydd-Hannibal.