A High Court Judge has maintained that he would go ahead with the retrial of the man, accused of murdering four-year-old Amy Emily Annamunthodo, even as his attorneys requested that it be put on hold pending a final appeal to the Privy Council.
Presiding over a case management hearing of Marlon King’s retrial, yesterday morning, Justice Hayden St Clair-Douglas informed prosecutors and defence attorneys that they had to prepare for the case as there is no stay in place from a superior court barring the urgent retrial ordered by the Court of Appeal in late July.
During the hearing, King’s lawyer Peter Carter, who represented King in his successful appeal, said that while he is in the process of appealing the Appeal Court’s decision to order a retrial, he (Carter) has not sought a stay of the decision pending the determination of a final appeal.
Attorney Mario Merritt, who King has retained to represent him in the retrial, suggested that the case still be put on hold until the appeal to the Privy Council is filed.
“I am of the view that we ought not proceed unless there is some certainty,” Merritt said.
Justice St Clair-Douglas rejected the suggestion as he said that the parties had to proceed until another order by a higher court was issued.
“I am directing you to proceed. If a superior court tells me to stand down, I will stand down,” Justice St Clair-Douglas said.
He gave Merritt a week to take instructions from King and report back to the court. King will reappear before Justice St Clair Douglas on September 29.
King is accused of murdering Annamunthodo at his Ste Madeleine Road, Marabella, home on May 15, 2006.
Medical reports showed that Annamunthodo was burnt with cigarettes on her vagina, inner thigh, and forearm an hour before she died. She also suffered multiple internal and external injuries throughout her body, including a broken rib and bruised organs.
In their decision in late July, Appellate Judges Alice Yorke-Soo Hon, Mark Mohammed, and Malcolm Holdip ruled that former President and High Court Judge Anthony Carmona made several errors when he presided over King’s trial in 2012.
The retrial is being prosecuted by Indira Chinebas. King is also being represented by Karunaa Bisramsingh.