A retrial has been ordered in the case of a Caparo man accused of murdering his elderly neighbour during a botched home invasion almost two decades ago.
The trial of Richard “Bean” McBain before High Court Judge Lisa Ramsumair-Hinds at the Hall of Justice in Port-of-Spain ended with a hung jury on Tuesday.
After taking the four hours allocated to them to deliberate, the jury foreman indicated that he and his 11 fellow jurors could not come to a unanimous verdict for McBain. Asked whether the position could change if they were given additional time to continue their discussions, the foreman said: “It would be an exercise in futility.”
Ironically, the outcome of the case came on the 18th anniversary of the death of the murder victim, businessman Stephen Hackshaw, who was stabbed to death by an intruder at his Rostant Road, Caparo, home. His wife, Jennifer, was wounded but survived.
McBain was arrested at a house in Toco, almost a year later.
During the trial, prosecutors relied on the evidence of two brothers who were friends with McBain although they did not testify. One claimed he was coerced into signing a statement implicating McBain and was deemed a hostile witness. The other could not be found by police to testify.
Their alleged statements to police, in which they claimed McBain discussed robbing Hackshaw with them before committing the crime and sought their assistance in hiding from police after committing it, were tendered into evidence.
In his closing address to the jury, McBain’s lawyer Stephen Wilson, of the Public Defenders’ Department, told them to focus on the evidence of Hackshaw’s wife, who was unable to identify McBain despite being the only eyewitness to the murder. He also questioned the role of Hackshaw’s neighbour, who was a senior police officer but not officially involved in the investigation.
He noted that the officer was seen near the couple’s home after the stabbing and that a couple, who claimed that they gave McBain a pair of pants, gave their statements at the officer’s home.
“Is that a coincidence?” Wilson asked.
McBain was also represented by public defender Ayanna Norville, while Charmaine Samuel and Gillana Guy represented the Office of the Director of Public Prosecutions (DPP).