A QUINTET comprising Chandrada Rampersaud, Jermaine Mitchell, Aubrey Simon, Rayon Jones and Hardat Kumar appeared yesterday before Chief Magistrate Priya Sewnarine-Beharry at the Georgetown Magistrates Courts for sentencing each on two counts of robbery under arms for the part they played in the Bel Air Gardens multi-million-dollar heist committed on Annie Ramsood, wife of popular businessman Malcolm Panday, on July 12, 2011 at her Bel Air Gardens residence in Georgetown.

Particulars of the first charge detailed that on July 12, 2011 at Bel Air Gardens, Georgetown, being armed with a gun, they robbed Ramsood of Gy$1.4M and US$29,000, together valued at Gy$7.2M.

Particulars of the second charge detailed that, on the same day, at Bel Air Gardens, Georgetown, being armed with a gun, they also robbed Ramsood of one Blackberry cellular phone and Gy$427,000 cash.

For the two counts of robbery under arms, they were each sentenced to four years imprisonment, which will run currently. However, Mitchell, who was charged with another offence — unlawful possession of firearm and ammunition — will serve the four years of his robbery under arms charges consecutively.

On the quintet’s first appearance in court on July 15, 2012, Prosecutor Harvey had said that on the day in question, police investigations had revealed that Panday’s mother-in-law, Chandrada Rampersaud, was once employed at Ramsood’s home as a housekeeper, but had been fired and had subsequently told a cousin about the monies the Pandays kept in the house.

The court was told that planning of the robbery was a joint enterprise of all the defendants. According to the prosecutor, Simon is the registered owner of one of the vehicles that the police towed away from a hotel compound.

The court was told that the suspects went to the home armed with guns, and proceeded to rob Anne Ramsood.
According to Harvey, Panday had managed to slip away from the home to call the police. Harvey further told the court that the “getaway” car was spotted and the police gave chase after it. The defendants were eventually cornered and arrested in the Ocean Spray Hotel compound.

On Wednesday, July 23 last, the matter was adjourned to yesterday, for Jones’s attorney-at-law, Mr. George Thomas, to provide the court with his mitigating factors.

Mitchell was also convicted of an unlawful possession of firearm and ammunition charge, details of which said that he had in his possession one 9mm pistol with 9 matching live rounds when he was not the holder of a firearm licence.

Simon, who was not present in court yesterday, was charged with an unlawful possession of firearm charge and was found not guilty.

He was also found guilty of knowingly making a fraudulent imitation by attaching a false number plate to a vehicle.

Mitchell and Simon were also jointly charged with unlawful possession of firearms and ammunition, and Mitchell was also convicted of this offence whilst Simon, was who was not present in court, was found not guilty.

On Wednesday last, twenty-three-year-old Mitchell told the court that he is an employee of Banks DIH and is the father of a six-month-old baby. He added that he spent six months in remand for this matter, and has no pending charges.
Mitchell explained that he does not know anything about this matter, nor is he acquainted with the other persons that were charged.

Thirty-two-year-old Jones said he is self-employed and also claimed to be innocent. He was represented by Attorney-at-law Mr. George Thomas, who also was not present in court, but Jones requested and was granted a short adjournment date for his defence counsel to address his mitigating factors. He is also facing separate pending charge of receiving stolen property before Magistrate Judy Latchman.

The other accused, Kumar, said he is 33 years old, is married and has two children aged eight and four. He added that he spent approximately five and a half months on remand. He declared that he is self-employed and has two previous convictions for perverting the course of justice.

He is the first nephew of Rampersaud, and is cousin to Ramsood.

Rampersaud, accused of masterminding the robbery, said she is the mother of Ramsood and the aunt of Kumar. She told the court that she spent six months in the lock-up and does not wish to go back there. The 53-year-old woman said she is single and has a 17-year-old daughter who depends on her.

Seemangal pleaded guilty to the crime on September 11, 2012 and was sentenced to eight years imprisonment.

Special prosecutor attorney-at-law Mr. Glen Hanoman informed the court that he was told that Rampersaud had told the Court yesterday that she has a 17-year-old daughter depending on her, but he has been informed that the daughter is married and pregnant, and as such Rampersaud does not have any dependents.

After the decision was handed down, Mr. Malcolm Panday, standing outside the courtroom, said that on that unfortunate day, ten gunmen had entered his home and had placed guns to the heads of his children and wife. As a result of that incident, the young children are still traumatized.

He said that every time they see people looking like the bandits that entered their home that day they get scared, or even if there is a creaking or cracking sound in the house, they become fearful. He said that they live in fear, but he thinks justice was served.

Panday’s wife broke down in tears. Ramsood said she agreed with what her husband had said about their getting justice. She related that no good mother would do what her mother did to her. She said that instead of her mother taking her side, she went against her and took her nephew’s side.

She said she is happy that she has justice. She is very satisfied, and hopes that the experience would never be repeated with other parents and their children. She expressed how hurt she was for her family and her brother, and described her mother as not a real mother, because a real mother would stand up for her offspring.

A mother that gives birth to children, Ramsood said, would never do such a thing to her children, but would stand by her children and won’t go against them like that. Ramsood said she does not find it in her heart to forgive her mother, but has hated her since, because she caused her to suffer a lot with her children.
Ramsood said that even when in bed she is scared and does not know what can happen and if anybody would come to hurt them.

Prosecutor Hanoman said he is never eager for people to go to jail, but in this instance he think justice was served and is happy that he was able to present all the evidence in the matter. Counsel said that as ministers of justice it is their duty to present evidence, not to just fight for a conviction.

He said the court felt that the accused persons were guilty and the sentence was just and maybe was a little too lenient, because one of the co accused, Seemangal, did not waste the court’s time. He had pleaded guilty very early in the trial and had got four years for his efforts, but these other defendants put the court’s officers through many years of trial and got the same penalty.

So it seems as though there was no advantage for Seemangal for not wasting the Court’s time. Nevertheless, Hanoman said, it gives him no joy to see people go to jail.

(By Geeta Rampersaud)