Defence may seek dismissal if Kenesha Vaughn trial does not begin at next hearing

Although all statements have been filed, the trial of businessman Marlan DaSilva, who is charged with the brutal killing of his partner, Kenesha Vaughn, is yet to begin.

When the matter was called on Thursday morning before Acting Chief Magistrate Judy Latchman at the Georgetown Magistrates’ Court, it was once again adjourned.

Defence attorney Sanjeev Datadin told the News Room that it was expected the trial would have commenced by now. He said the defence has been ready for the past two months to proceed.

DaSilva is awaiting a preliminary inquiry (PI) — a judicial hearing held in the Magistrates’ Court for serious offences such as murder to determine whether there is sufficient evidence for the matter to proceed to trial.

In this case, the PI is being conducted via a “paper committal”, a process in which the magistrate reviews written evidence and submissions rather than holding a traditional in-person hearing, to decide whether the accused should be committed for trial.

Datadin told the News Room that this process should not take long and said only a few witnesses need to be cross-examined to clarify certain aspects for the court. He stated that this should take just one day, after which the court can make a determination.

Datadin also told the News Room that if the trial does not begin at the next court hearing, the defence will move to have the charge against DaSilva dismissed.

DaSilva is accused of killing his partner on the evening of 22 February at their home in Diamond Housing Scheme, East Bank Demerara.

According to a Police report, DaSilva and Vaughn had an argument during which DaSilva allegedly slapped her. In response, Vaughn reportedly reached for a knife and approached him.

Police say DaSilva then drew his licensed firearm from his waistband and discharged several rounds in Vaughn’s direction, striking her about the body.

Ranks were later summoned, and Vaughn was taken to the Diamond Hospital, where she died while receiving treatment. The incident was captured on CCTV footage, which has since been tendered as evidence.

READ MORE: Businessman, 32, allegedly murders partner – News Room Guyana

Editor’s note: This story has been edited to reflect that the News Room engaged Mr. Datadin via telephone after the Court hearing instead of solely stating that he made certain statements in Court. The comments provided to the News Room are attributed as such, instead of what was previously written.