Man convicted of 2008 killing home for the holidays as he serves out his sentence

A SAN JUAN man who successfully appealed his conviction for the 2008 murder of a URP labourer will be home for Christmas after it was determined he already served out the sentence imposed on him by a judge.

Anthony “Balkie’ Maraj was originally convicted of the March 18, 2008, murder of Sean Joel Pollard at Jo Jo Lane, El Socorro, and sentenced to hang on January 28, 2019.

Two years after the killing, Maraj was pointed out by Pollard’s common-law wife, Natalie Nurse, who is also Maraj’s cousin, at an Insomnia fete. He was arrested and charged and faced a jury in the Port of Spain High Court who found him guilty of murder.

He appealed his conviction and in October 2020, the Court of Appeal allowed his appeal, ruling that the trial judge should have directed the jury on the issue of provocation. The State had conceded Maraj should have gotten a manslaughter direction at his trial. Maraj, at the appeal, rejected a substituted sentence of manslaughter and a retrial was ordered.

Maraj’s retrial was docketed to Justice Kathy Ann Waterman-Latchoo and when it came up for hearing, he was allowed to plead guilty to the lesser count of manslaughter by reason of provocation.

At his sentencing hearing on Wednesday, Waterman-Latchoo said the support of his family was integral to his smooth reintegration into society and such reports were relevant for a court to get a picture of where the prisoner came from, who they are and their prospects for rehabilitation.

The judge also made it clear the court sentenced offenders and not offences and while case law was important, it provided guidance for sentencing.

She said Maraj demonstrated good behaviour during the 11 days, nine months and 14 days he was in prison, but “the unlawful taking of a life by violent means is always an abhorrent act.

“Right-thinking members of the public should recoil and feel disgust. The prevalence of violent acts must not be allowed to numb us.”

Waterman-Latchoo said while Maraj did not present to be a threat to society now, it did not minimise his devastating actions.

She said like Maraj, who was 22-years at the time, his victim also had a right to look forward to a future and not have his life taken by a violent act.

She began with a sentence of 18 years from which she subtracted six months each for his remorse, clean record and good behaviour in prison.

He also received a one-third discount for his guilty plea, and the time spent in prison was also deducted, although she admitted he spent some eight months over what his sentence was for the killing after all the calculations were done.

She also had a message for Maraj, “You have already served your sentence and you will be released. You are entitled to feel happy and all of that. You have expressed remorse but human life has been lost.

“Live a good life. Your mother is still with you and that is a blessing. The Pollard family will live in grief for the rest of their life.

“Be an example for other people…You have to walk away. It is not disrespecting or diminishing of you as a human being to walk away.

“…“Learn to walk away. There are going to be irritations every day. You can’t confront them all …Walk away and stay alive.”

She told him in addition to his skills as a mechanic, he should also continue to develop his literacy skills when he is released.

“You started in prison …Look for adult literacy courses,” she said, adding that “more schooling and education” was not only to gain employment, but it also did something “to your life, your soul, and teaches you how to think before you act.”

“I cannot force you.” She told him while he will be home to prepare for the holidays and his family was prepared to receive him, the young man they knew was not the same man today.

“Your mother, she might want to keep you close and become overprotective. You might feel you are a grown man who wants to be independent, this is the family who stood by you, humble yourself.”

To Maraj’s family – his mother, brother, sister-in-law and niece were following the proceedings from their car because of internet problems at home – the judge said there might be friction on his return home.

“He has been inside for a long time and that was a controlled environment, there will be some disagreement. I am asking the family to show some patience.” To Maraj, she told him to be patient with them and advise him to seek counselling if he needed it.

“It is not a sign of weakness to ask for help.”

“Soon enough you would find employment. You were working before so will know how to organise your finances. You are not to return to court, not even for even a traffic offence.”

Waterman-Latchoo also reminded Maraj and his family the country was in a pandemic.

“It would be a shame for you to survive this and fall to covid. I don’t know if you are vaccinated. All the hugging and kissing, just remember we are in a pandemic.

“Wear your mask, sanitise and get vaccinated.”

She also expressed hope Pollard’s family, at some point, can cope. “You don’t ever forget… I hope that they can find ways to move on in a positive way and for some sort of healing to take place.”

Maraj was released from the Port of Spain prison on Frederick Street on Wednesday afternoon.

At his appeal, it was the contention of Maraj’s attorney, Keith Scotland, that the evidence of Nurse, who was the State’s main witness at the trial, was inconsistent. She had also turned hostile at the trial.

Maraj and Nurse got into an argument earlier that day and Pollard intervened when it got heated. Pollard was also said to have confronted him with a knife.

Maraj claimed Pollard lunged towards the knife that was taken from him. Pollard was stabbed once in the left side of his abdomen.

Maraj was also represented by attorney Keisha Kydd-Hannibal while Giselle Ferguson-Heller appeared for the State.