Dad to stand trial for murder of 2-year-old son (Diego Martin, Trinidad)

Dad ANDRE DEVON PARRIS is standing trial for the murder of his 2-year-old son.

http://www.newsday.co.tt/news/0,104219.html

Dad to stand trial
By Alexander Bruzual Thursday, July 23 2009

Twenty-Four-year-old Andre Devon Parris, has been committed to stand trial for the murder of his two-year-old son, Jaheim Roberts.

Parris, a labourer, of Croney Drive, off St Lucien Road in Diego Martin, stood in silence yesterday afternoon as he made his last appearance before Chief Magistrate Sherman Mc Nicolls.

Despite a stirring “no case” submission by Parris’ defence attorney, Asha Watkins, in the Port-of-Spain Magistrate’s Eighth Court, the State, represented by prosecutor Giselle Heller, was successful in proving that a prima facie case had been made out against the accused.

In her submissions Watkins argued not all the elements for murder had been proven by the State, namely that Parris lacked the necessary intention to kill, as required by law.

“The State’s evidence is lacking as it does not provide the court with the required mental element for murder. Instead through its evidence and statements induced, the matter instead falls under the issue of the unlawful chastisement of a child. We would therefore move instantly from the issue of murder and if anything, into the realms of manslaughter,” Watkins argued.

If this procedure was adopted, she explained the question would now be one which should be left for a jury to decide whether the punishment used was reasonable.

“A father has the right to punish a child, however it is up to a jury to decide whether the matter is one of lawful chastisement, or whether it has moved on to the realm of unlawful violence,” Watkins said.

She argued the evidence induced through the pathologist Dr McDonald-Boris, did not contradict police statements from the accused, but instead showed the injuries found on baby Jaheim were in accordance to events which took place as reported by Parris.

In her response, Heller argued the State had infact proven the essential mental element of the offence, saying from the evidence provided, the intention to kill or cause grievous bodily harm could be inferred from the actions of the accused.

“When does unlawful violence or chastisement end, and give rise to murder? The victim was two years old, a toddler. Any application of force which led to his death would be deemed an inappropriate application of force,” Heller argued.

The attorney also questioned whether the State’s evidence did prove the sequence of events as laid out by Parris. “From the pathologist’s testimony, it was said the injuries were all fresh and recent. Having been caused hours before death.”