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A man accused of murder will get a retrial after a hung jury today. A jury of 7 women and 5 men deliberated for almost 6 hours but was unable to reach a verdict for Fabrian Bain charged with the murder of security guard Fortunato Chun who was shot an killed around 6:10 am on November 23,2006. Chun was shot in the left side of his neck while he was in the security booth at Belize Water Services, located on Central American Boulevard near to Belcan Bridge. There was no eye-witness to the shooting and the case for the prosecution presented by Crown council Cecil Ramirez, hinged solely on circumstantial evidence.

The chief witness for the prosecution security guard Mario Pech, testified that he was on his way home from work at Stella Maris School compound when he heard a gunshot. Pech said that from where he was coming down Belcan Bridge he saw a man whom he recognized as Bain coming out of the security booth with a gun in his hand. Pech said he identified bain as the person he saw in an identification parade.

But the trial judge, Justice Michelle Arana, said in her summing up of the case that there was no evidence of what took place at the identification parade. Bain gave an unsworn statement from the dock in which he denied having any knowledge of the incident. Bain was represented by attorney Linsbert Willis.

It’s of note that in 2005, Bain was acquitted of the murder of Dean Belisle.