MARLON King will have to face a new trial for the brutal murder of his four-year-old stepdaughter Amy Emily Annamunthodo.
Two weeks ago, King successfully argued his appeal against his conviction, which was quashed by a three-member Court of Appeal panel.
The court found several faults with the trial judge’s handling of his case in 2012.
A retrial was announced on Thursday by Justices of Appeal Alice Yorke-Soo Hon, Mark Mohammed and Malcolm Holdip, who presided over King’s appeal and, in a joint decision, quashed his conviction and the death sentence.
The judges ordered the new trial to be case-managed and heard expeditiously, as far as practicable, and for it to be immediately placed on a judge’s docket for case management. The first case-management conference must be held no later than August 9.
King was sentenced to hang for Annamunthodo’s murder when he was convicted by a jury after six days of directions by then Justice Anthony Carmona.
Annamunthodo was tortured and beaten to death, burned with cigarettes, hung from her hair and beaten until her heart ruptured. King was charged with killing the child – who weighed 33 pounds, was unable to speak properly and was under-developed – on May 15, 2006 at his home at Ste Madeleine Road, Marabella.
King was in a common-law relationship with Annamunthodo’s mother, Anita.
Medical evidence was led that Amy was burnt with cigarettes an hour before she died. She suffered multiple internal and external injuries throughout her body, including a broken rib and bruised organs.
'JUSTICE DEMANDS A RETRIAL OF KING'
At Thursday’s virtual hearing, King’s attorney Peter Carter said the delays in starting retrials; the mental anguish King has suffered because of his incarceration on death row; and the public ridicule, embarrassment, depression; his deteriorating health; and the significant period which had elapsed since the alleged offence were factors strongly against ordering a new trial.
King has been in custody for 15 years and two months.
Carter also mentioned the ordeal faced by King of the first trial process and the appeal. He also maintained that the State’s case was not “overwhelming, or even strong.”
In his submissions, special prosecutor Travers Sinanan said the justice of the case and the public interest required a retrial.
He said all the witnesses were available, including the State’s main witness, Anthony Rocke.
At the trial, Rocke testified to seeing King punching Amy 20-30 times while she hung from a cloth tied to her hair and attached to a door ledge. She had on underwear and was gagged.
In his defence, King alleged it was Rocke who was responsible for the child’s injuries.
Sinanan told the judges Rocke has been in contact with the police and has said he is willing to give evidence again.
Sinanan also said although Dr Chris Pulchan, who examined Annamunthodo at the San Fernando General Hospital, was in Canada, there wa