The Court of Appeal has resentenced Samuill Intiaz Shaw, also known as “Taliban” and “Arno,” to time served, concluding a years-long legal battle over his conviction for the attempted murder of Bajai Ramdass, popularly called “Bruck Back.”
Shaw, convicted in 2016 alongside Ramsammy Angeshallam, alias “Babs,” for a brutal attack in Crabwood Creek on January 16, 2012, had appealed both his conviction and 17-year sentence. Angeshallam was sentenced to 12 years in prison.
Both individuals were sentenced by Justice Franklyn Holder during the Berbice Criminal Assizes at the High Court in Berbice.The appeal, argued by Shaw’s attorneys Nigel Hughes and Narissa Leander, contended that procedural errors during the trial compromised the fairness of the proceedings.
They also claimed that Shaw’s defence—that the victim’s brother, Jagdeo, not Shaw, had fired the shots—was not adequately presented to the jury. However, Chancellor of the Judiciary (ag) Justice Yonette Cummings-Edwards, delivering the court’s unanimous ruling on Wednesday, dismissed the claim and affirmed Shaw’s conviction.
She emphasized that the critical aspect of Shaw’s defence—that he was not the shooter—had indeed been conveyed to the jury. “We [the court] see no harm in the circumstances,” she noted. Shaw’s attorneys further argued that the judge’s summation was biased toward the prosecution and that the trial judge had misapplied the law regarding omissions, inconsistencies, and contradictions.
However, the Court of Appeal dismissed these grounds of appeal.The appellate court did, however, agree with Shaw’s legal team that the original 17-year sentence was excessively harsh. Justice Cummings-Edwards explained that the trial judge had commenced sentencing at 22 years but reduced it to 17 based on a favourable probation report.
Citing sentencing guidelines and comparable cases from the Trinidad-based Caribbean Court of Justice (CCJ), the Court of Appeal determined that a 12-year starting point was more appropriate.
A six-year reduction for Shaw’s favourable probation report brought the sentence to six years. Given the time Shaw had already spent on remand and in custody since his 2016 conviction, the court resentenced him to time served, effectively granting him immediate release.
The charges stemmed from a violent dispute between Shaw, Angeshallam, and Ramdass, over a failed business arrangement involving a plantain farm. Ramdass testified during the trial that Shaw and Angeshallam ambushed him at the disputed property.
Shaw shot Ramdass, causing him to lose sight in one eye and become paralyzed from the waist down. Witnesses also testified to Angeshallam’s role in the assault, using a bicycle tube to restrain the victim.
Both Shaw and Angeshallam had denied the charges, claiming the shooting was carried out by the victim’s brother, Jagdeo, known as “Spraga.” However, the jury rejected their defence and delivered a guilty verdict after over two hours of deliberation.
The appellate court panel also included Justices of Appeal Dawn Gregory-Barnes and Rishi Persaud. Assistant Director of Public Prosecutions Natasha Backer appeared for the state during the appeal.
