Two brothers from Arouca were yesterday acquitted on a charge of beating a teenager to death during a bar brawl in 2006.
It took a 12-member jury, in the Port-of-Spain Sixth Criminal Court, a little over an hour and a half to return unanimous not-guilty verdicts for Matthew Powder and his younger brother Sherwin, both of Windy Hill, Arouca.
The siblings appeared apprehensive as the jury, comprising six men and six women, walked into court without looking in their direction, but their worried looks were quickly transformed into smiles as the foreman announced the verdicts.
“We feeling good. We would like to give thanks to the Creator, our lawyers and especially the citizens of T&T in the jury who believe us and set us free,” Matthew said as he walked down the steps of the Hall of Justice, Knox Street, Port-of-Spain, to greet his relatives.
Asked about their plans on being set free after having spent almost a decade in prison awaiting trial, he said: “We have to start over our lives and stay away from trouble because trouble ain’t nice you know.”
The Powders were charged with beating 18-year-old Ryan Samuel to death during a fight outside La Luna Bar, Eastern Main Road, Arouca, in September 2006.
During the trial which lasted a little over a month, the State led evidence from only one eyewitness who was liming outside the bar when Samuel was beaten unconscious with a bar stool. He died several days later in the hospital.
Questions were raised by the Powders’ defence attorneys over the witness’ ability to identify Samuel’s attackers, as the fight occurred in a poorly-lit area of the road.
They also took issue with the evidence of Sgt Matthew Harewood, who claimed that Matthew confessed to the crime when he was arrested hours after the fight.
Although Harewood claimed that Matthew had said he attacked Samuel for disrespecting his girlfriend, he could not prove that he had written down the oral utterance in his notes on the case.
Besides the issues with identification and the alleged admission, Matthew’s defence attorney, Mario Merritt, was also allowed to inform the jury that the police officer who had charged the siblings, Sgt Trivelle Petti, married his client’s ex-girlfriend while he was in jail awaiting trial.
Under cross-examination Petti admitted to the relationship but claimed that it had no bearing on the case.
The Powders were represented by Mario Merritt, Michelle Solomon-Baksh, Vince Charles and Alexia Romero. Sabrina Dougdeen-Jaglal prosecuted.