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Murderer walks because death could not be confirmed

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A man who was previously convicted of murder is now free following in what is certainly one of the strangest moments in court. 27-year-old, Emerson Eagan was charged with murdering Dennis Nembhard in 2012.  He was sentenced to life in prison. Eagan appealed and on the first of November, 2013, the Belize Court of Appeal allowed the appeal and ordered a retrial. Eagan was recently released from prison on a bail of $40,000. Eagan was represented in court yesterday by attorney Nazira Myles while the crown was represented by Counsel, Killeru Awich. Apparently, the court needed testimony from the victim’s mother, Elizabeth Sheran who identified Nembhard’s body. However, Elizabeth Sheran is allegedly dead in the USA.  Crown Counsel Killeru Awich’s application to have a statement from Sheran entered into evidence was rejected by Justice Collin Williams. None of Sheran’s relatives who attended her funeral in the United States wanted to give a statement as proof that she is dead. Without that proof the Crown could not make an application for Sheran’s statement about her identifying the body of her son be admitted into evidence.  One of the five elements to get murder conviction was to for the Crown to prove that the person for whose murder the accused is charged with is dead. And it seemed that applying for a death certificate for Nembhard, or using the police evidence were allegedly not options.  Therefore a nolle prosequi was entered by Crown Counsel Killeru Awich, indicating that the Crown did not wish to proceed with the trial. So Emerson Eagan went home a free man.

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