The Appeal Court has ordered murder accused Gabriel Daniel to face a fresh trial.
The court, comprising Justices Paula Mae-Weekes, Alica Yorke-Soo Hon and Rajendra Narine, quashed the decision of High Court judge Joan Charles to withdraw the case from the jury, setting Daniel free. Daniel, also known as "Fries" is charged with killing his neighbour Lincoln Teesdale on July 23, 2003.
Teesdale, also known as "Tapper," died at the San Fernando General Hospital shortly after he was stabbed. Among the grounds of appeal, the State argued was that the trial judge was incorrect to assert that the prosecution had to show that an event was the substantial cause of death.
What the prosecution had to show was that the event contributed significantly to the cause of death, the Court of Appeal held. The State also argued that the trial judge erred in removing the issue of causation from the jury as there was evidence from which it could be reasonably inferred.
Prosecutors also argued that if the trial judge had found that there was evidence to suggest that causation should be left to the jury, she should have given her appropriate directions in law and the jury would be left to establish the factual link between the respondent's act and the cause of death. A warrant has since been issued for Daniel's arrest.
