Back in December 2006, it made headlines in all the media houses when 27 year-old Anna Maria Magdalena Basto, a resident of Orange Walk was murdered by her common-law husband, Daniel Ku. Police said that he confessed to slashing her throat and stabbing her over 30 times.
Since then, he has been convicted of murder, but he appealed his case, and won. He was re-tried a few months ago in Orange Walk but the case was aborted due to jury taint, and so, today, he was to be retried once more before the Chief Justice. But instead of the case starting, the prosecution informed the court that they would be withdrawing the murder charge and substituting manslaughter.
Ku, who was prepared to defend against a murder trial, decided to plead guilty to manslaughter. It was accepted by the Chief Justice, and so that's how the case finished before having to start a 3rd time. Today, we spoke to his attorney, Bryan Neal, who explained why manslaughter is more applicable in this case than murder. Here's what he told us:
Bryan Neal - Attorney for the Defendant
"My Client is Daniel Ku and he was accused of murdering his common-law wife Maria Botes on the 16th of December 2006. He was tried, convicted of murder, he appealed and the court of appeal order his retrial. We tried in orange walk a couple months ago to have a retrial but that was aborted because of a tainted jury and so we are back here today. But today early in court this morning, I had discuss the previously possibility given the facts that the director of public prosecution could reduce the charges for murder and manslaughter. At the 11th hour this morning I was informed that, that was the decision of the office of the director of public prosecutions, to reduce the charges for murder to manslaughter and when that was done, based on advice given based on what the defendant wanted to do, he pleaded guilty to manslaughter. So we are now adjourned for a week, so that I can prepare a mitigation pleas so that we can try to reduce the time. I would argue that he has already served 11 years, so we are asking for time already served but I don't want to preempt myself, let us see what happens next Monday."
Daniel Ortiz, 7News
"What are the facts the case as far as you are aware, studying it from the retrial phase to this point sir?"
Bryan Neal - Attorney for the Defendant
"The facts are that he slashed his common law wife throat and he stabbed her 32 times. We conceded to that and there is really no way around that. The other fact is that he walked into the police station and confessed. So those are very difficult facts for any attorney to confront honestly and defend someone. but looking at what the history of domestic abuse and domestic violence in the relationship and some of the things that were said to the accused or the now prisoner on that night, I was of the firm view that he was provoked and we would have deployed provocation in his defense in court and ultimately I felt that we could get a conviction of manslaughter anyway. They had just had sexual intercourse, him and the deceased woman and something was said to him to the effect, that I have another man and the man is 10 times sweeter than you. When my client heard that he lost him mind and he committed the acts which he has now pleaded guilty to. So that is basically what provoked him to lose his mind."
Ku has already spent 11 years on remand.
Email
Print