On Monday, December 12th, a jury found Darwin Diaz and Wilbert Cuellar guilty of the attempted murder of Josue Chay.

Diaz and Cuellar were tried in the court of Justice Dennis Hanoomansingh in the Northern session of the Supreme Court. The sentencing was set for today and Justice Hanoomansingh imposed a sentence of 12 years imprisonment on Diaz. That was expected, but what happened next was not: Cuellar was discharged, set free by the judge.

Justice Hanoomansingh explained that he would not impose a sentence on Cuellar and said instead that notwithstanding the verdict of the jury, he was of the view that a witness who could have assisted the jury in its deliberation was not called by either the prosecution or the defence.

The led him to conclude that - without that testimony - Cuellar did not receive a fair trial. He went on to say that although Cuellar had a right of appeal, Hannomansingh said that he did not think that he should sentence him and put him in the position where he would have to exercise that right as any time spent in prison would be unjust. The judge then said that he would use his inherent jurisdiction and stay the indictment in relation to Cuellar. Cuellar was then free to go.

It is a remarkable - and to our knowledge - unprecedented decision.