By Alric Lindsay
This afternoon, October 4, 2024, a jury found Arek Angel Ebanks not guilty of two counts of arson related to two Honda Fit cars that were set on fire on Mary Street and Seafarer’s Way in George Town.
The background of the matter is that two car fires were reported to emergency responders in May 2023. Upon inspecting one of the vehicles, the fire department determined that the fire originated inside the vehicle. It was believed that the car had been intentionally vandalized and set on fire. The damage to the second vehicle followed a similar fire pattern.
Upon review of the CCTV footage, the police claimed to have identified Ebanks. However, Ebanks consistently maintained his innocence.
Additionally, according to a transcript of Ebanks’ interview, he stated that the person on the CCTV did not resemble him at all and was much smaller than him.
Despite Ebanks’ denial, the police insisted that it was Ebanks based on his walk and build, as observed in the CCTV footage.
The case posed other challenges since there were reportedly no witnesses, and only CCTV footage was available. Furthermore, the police allegedly violated protocol by failing to take contemporaneous notes; instead, notes were recorded long after the incidents occurred.
In the circumstances, the Honourable Justice Richards gave standard instructions to the jury. In particular, she explained to the members of the jury that they are “judges of the facts” and should remember that their focus is whether or not they accept the evidence from the prosecution and whether the evidence satisfies them so much that they are sure that Ebanks is guilty.
Explaining section 267 (1) of the Penal Code, the Honourable Justice Richards added, “The prosecution must prove that the defendant either intended to destroy or damage the property or was reckless as to whether he destroyed” the vehicles.
After considering the Penal Code, the instructions from Honourable Justice Richards, and deliberating for a short period, the jury returned with not guilty verdicts.
