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Victor Timothy, 40, and his younger brother Leon, 31, have been discharged of all murder charges by High Court Judge Nalini Singh after the Office of the Director of Public Prosecutions determined it had insufficient grounds to proceed, according to reporting by the Trinidad Guardian.
The brothers, both from Damarie Hill in Sangre Grande, faced accusations in the February 2, 2019 death of Isaiah Deshawn Hitlal, a Form Four student at Sangre Grande Secondary School. The 17-year-old was shot multiple times while socialising with two friends at North Eastern Settlement. The friends escaped unharmed after running away and hiding until the attackers departed.
The prosecution’s case rested heavily on testimony from one of Hitlal’s companions who claimed to have witnessed the shooting. However, defence attorney Larry Williams exposed critical weaknesses during cross-examination at the start of the judge-alone trial. Williams highlighted stark contradictions between the witness’s courtroom account and six separate statements given to homicide detectives immediately after the incident. In his first four statements, the witness stated he could not identify the back-seat passenger who fired the shots because the shooter wore a surgical mask. Only in his final two statements did he claim to recognise Leon Timothy, alleging the mask covered only part of the shooter’s face. Williams further questioned how the witness could have identified Victor Timothy as the second attacker when he claimed to have run away as the men exited the vehicle, suggesting he would have been unable to see inside the approaching car due to its headlights.
Following the witness’s intense cross-examination, prosecutors Keston Abraham and Kern Young requested an adjournment to consult with DPP Roger Gaspard. The prosecution subsequently informed the defence that it would present no further evidence, including testimony from the second friend allegedly present during the shooting. Justice Singh commended the prosecutors for acting in the interest of justice.
Despite their acquittal on the murder charge, the brothers have not been released. They face a pending matter alleging possession of a prohibited cellphone while on remand, and bail has not been granted in that case.
The case centred on the February 2019 shooting death of Isaiah Hitlal in the Sangre Grande area. The brothers were charged with murder, possession of an illegal firearm and ammunition, with Leon also facing a charge of shooting with intent. The prosecution’s case depended on eyewitness identification from one of Hitlal’s companions.
This case reflects ongoing concerns within Trinidad and Tobago’s criminal justice system regarding the reliability of eyewitness testimony and the importance of rigorous legal representation in securing fair trials. The acquittal underscores how inconsistencies in witness statements can undermine prosecutions and highlights the role of defence counsel in protecting the accused’s rights.
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