Two
accused freed on no-case
submissions |
Written
by George Barclay
|
Thursday,
15 April 2010 01:17 |
Ogle
4-man murder trial…
prosecution
had failed to make out
a case
JUSTICE
Brassington Reynolds,
the trial judge in the
Ogle
4-man murder trial
yesterday freed
two of the four
accused on no-case
submissions. At
the close of the
prosecution’s case
and following no-case
submissions, the
judge agreed with
defence counsel Mr.
Hukumchand and Mr.
Adrian Thompson that
there was no evidence
against their clients
Azim Khan, the number
two accused and Kumar
Seeraj called ‘Boysie’,
the number four
accused.
Hydro
hoax Michael
Kissoon sodomised
him
frequently
Nigel_Kissoon_bm
The judge directed the
jury to return a
formal verdict of
‘not guilty’ in
favour of the two men,
who were later
discharged and left
the dock freed men.
The
four accused
including the two
freed yesterday are
seen escorted by
Policemen during the
trial.
The
four defence counsel
had completed their
addresses to the judge
in relation to the
no-case submissions
which took place in
the absence of the
jury.
Prosecutor Mr. Ganesh
Hira will deliver his
address today in
relation to the other
two accused.
Among other things,
the judge ruled
yesterday that the
fingerprint evidence
in the case was
inadmissible and would
be rejected from the
evidence.
This is a result of
defence submissions to
the effect that the
witness who
uplifted the
fingerprints from the
deceased’s car
and mounted them on a
card, admitted in
evidence, that both he
and his assistant had
omitted to sign the
card.
The witness also could
not say with certainty
which officer he had
asked to sign the
document and was
not in a position to
recognize the
signature.
After calling his last
witness, Radish
Persaud, yesterday,
leading Prosecutor Mr.
Ganesh Hira, closed
the case for the
Prosecution.
So far, four voir dire
had been held.
Following the smaller
trials in the absence
of the jury, six
witnesses had
testified at the
substantive trial.
The close of the
prosecution case
yesterday was followed
by defence no-case
submissions by the
four defence counsels.
The lawyers in the
absence of the jury
made submissions to
the judge with the
hope of convincing him
that the prosecution
had failed to make out
a case to
be sent to the jury,
and that their clients
should be freed at
this stage.
Addressing the Court
in the following
order, Mr. Adrian
Thompson for number
four accused, Kumar
Seeraj called ‘Boysie’;
Mr. Hukumchand for
accused number
two, Azim Khan;
Mr. Euclin Gomes for
accused number
one, Christopher
Dhanrad also called
Paul Jagnandan;
and Miss Kamini Parag
for number three
accused Vijay Rajkumar
called ‘Eon’.
The
accused are indicted
for the murder
of 33-year-old taxi
driver Teddy Smith
on the 24th day of
October, 2004.
A fifth accused –
Daveanand
Ganeshram who was
charged jointly with
the crime, was freed
by the magistrate at
the preliminary
hearing.
Leading
Prosecutor, Mr. Ganesh
Hira, who is
associated with
lawyers, Latchmie
Rahamat and Rhondel
Weever, will reply to
the defence no-case
submissions
today, after which the
judge is expected to
rule in respect to the
other two accused.
On the resumption of
the trial yesterday,
Sgt. Radish Persaud of
Sparendaam
Police Station
testified that he had
taken a statement from
one of the accused –
Daveanand Ganeshram,
who had been
freed at the P.I. by
the Magistrate.
That statement, he
said, was under
caution.
Under
cross-examination,
witness denied that he
had beaten the accused
Jagnandan and had
threatened to break
the fingers of
Rajkumar if he did not
sign a caution
statement.
The mixed jury in the
Ogle murder trial
heard that the four
(4) accused had robbed
and killed taxi driver
Teddy Smith on the
night of October 24,
2004.
This allegation was
contained in two
alleged confession or
caution statements
said to be given to
the police by accused
Christopher Dhanrad
called Paul Jagnandan
and Vijay Rajkumar
called ‘Eon’.
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