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Oct 6, 2020

Manzanero Must Serve Remainder of 25-Year Sentence

Forty-five-year-old Domiciano Quixchan was fatally stabbed in the face and throat while transporting Manzanero and his common-law wife, along with their three-week-old baby, on a chartered trip.  Manzanero had previously testified that a pair of men had entered the taxi, demanded money and then proceeded to kill the cab driver.

 

Madame Justice Rajnauth-Lee, Caribbean Court of Justice

“The trial judge also accurately and faithfully considered the defense and in particular the unsworn statement of the accused.  She scrutinized several matters raised in that statement, explaining why she did not accept it.  She continued to bear in mind that Manzanero had nothing to prove.  She found that the prosecution evidence had made her feel sure and left her without any reasonable doubt that Manzanero intentionally and without lawful justification caused fatal harm to the deceased.  In the circumstances the trial judge‘s analysis of the evidence could not be impeached.  In the concurring judgment, Justice Jarmada explores the concept of fairness and issues of actual bias and apparent bias.  Justice Jarmada noted that the relevant test which would lead to disqualification in cases of a reasonable apprehension of prejudgment such as this is whether there is a real likelihood that the parties or the public could entertain a reasonable apprehension that the court would not be able to decide the case impartially in the context of the alleged prejudgment and in the particular circumstances of the case.  The appeal was dismissed and the decision of the Court of Appeal to affirm Manzanero‘s conviction was upheld.  Thank you, presiding judge.”


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