Almost two weeks after Senior Magistrate Leron Daly discharged an attempted murder charged against businesswoman Maryann Daby, who was accused of attempting to kill a police officer by pointing a gun to his head and pulling the trigger, the same magistrate will be presiding over a trial in which Daby is charged with the possession of an illegal gun and ammo.
This morning the senior magistrate disclosed that she was advised to proceed with the trial. She, however, did not disclose from whom she received such advice. It was Police Prosecutor Richard Harris who asked for the illegal gun and ammo charges to be transferred to another court for trial.
In justifying his request, Prosecutor Harris had advanced that it would be prejudicial for the same magistrate who found Daby not guilty on the attempted murder charge to try her for two other offences.
The prosecutor maintained his position this morning and insisted that the matters be transferred to another court.
Magistrate Daly said that she is ready to proceed with the trial when the prosecutor is ready. For his part, Prosecutor Harris asked the court for leave to seek advice from the Director of Public Prosecutions (DPP) on the way forward.
Magistrate Daly, nevertheless, adjourned the case until September 3, 2019, for the commencement of the trial.
It is alleged that on May 13, 2018, at the same location, Daby had a .32 pistol in her possession when she was not the holder of a firearm licence enforced at the time.
It was further alleged that on the same day, she had six live rounds of .32 ammunition in her possession when she was not the holder of a firearm licence enforced at the time. She denied both charges after they were read to her.
Two weeks ago, Magistrate Daly dismissed an attempted murder against Daby citing that the prosecution’s case was not credible due to the conflicting evidence led by Superintendent Gary McAllister; Police Constable Christopher Kissoon, the victim; and Police Constable John Holder, the main witness.
Daby, 25, of 127 D’Aguiar Park, Houston, Georgetown, was not required to plead to the charge which alleged that, on May 13, 2018, at Albert Street, Thomas Lands, Georgetown, with the intent to commit murder, she attempted to discharge a firearm at Police Constable Christopher Kissoon.
According to reports, on the day in question Daby and her friends were at the Guyana Motor Racing & Sports Club. Constable Kissoon, who was off-duty and at the Club at the time, reportedly heard what appeared to be gunshots going off.
While checking for the source of the gunfire, he reportedly saw Daby firing rounds into the air and, as a result, he confronted her.
Daby allegedly became annoyed and pointed a firearm to his head and pulled the trigger. Fortunately, there were no more rounds in the gun. Daby is being represented by attorney-at-law Mark Waldron.