THE defence, yesterday, in the Neesa Gopaul murder trial, made an application for no- case submission which was overruled, owing to the fact that there was sufficient evidence for accused to lead defence. This was the view of Justice Navindra Singh, who presided over the matter, in the High Court, yesterday.
The defence made their submission in the absence of the 12-member jury. The details of the subumission were made ‘voir dire’.
Neesa’s mother, Bibi Shareema Gopaul, also known as ‘Naree’, and step-father, Jarvis ‘Barry’ Small, are on trial at the High Court in Georgetown for Neesa’s gruesome murder, which allegedly took place sometime between September 24 and October 2, 2010.
Jarvis “Barry” Small is being represented by attorneys-at-law Glen Hanoman, Bernard Dos Santos SC, Lyndon Amsterdam and Zanna Frank, while Bibi Gopaul is being represented by Attorney-at-Law, George Thomas.
Both accused were given three options, first remain silent, or stand right in the dock and give an unsworn statemen, or give sworn statements.
SMALL’S UNSWORN STATEMENT
Small, yesterday, elected to give unsworn statements from where he was standing, in the dock.
He told the court, “Sir, I am innocent of this charge. I never killed Neesa Gopaul”.
The accused said Mr. Jessemy asked him if he knew who wanted to kill Neesa and he said, “I said I think I know who wanted to kill her but I’m going to do so in the presence of my lawyer.”
According to Small, he never admitted that the dumbbells at the station were his.
However, he admitted that he shared a relationship with Bibi Gopaul, which ended long before September 23, 2014.
Small narrated that on September 25, 2014, Bibi called him and informed him that Neesa was missing. He said she was crying and wanted to see him, so he agreed to meet her away from the public eye so that his wife could not find out.
The accused told the court that he grew to love Neesa and Miriam like his own two daughters and would never do anything to cause harm to her.
“I would like the police to find the real killers and let them pay for what they did to Neesa”, said Small.
He added, “The time they took from me, my wife and children for a charge I know nothing about, of which I am innocent”.
He noted too that he never encouraged Bibi to kill her husband or anyone else.
Small said he is a father of three children, a brother of five sisters and a husband to one wife, whom he loves very much.
“I did cheat but I never killed, I am not a killer, I am a family man”, the accused told the court.
BIBI GOPAUL’S UNSWORN STATEMENT
Yesterday, the number two accused, Bibi Gopaul, also elected to give unsworn statements.
In her defence, she told the court that, on September 23, 2010, she picked up her children from school and went home.

Gopaul said they had a normal day, she did her chores, and they had dinner, took their baths and retired to bed.
The accused said that it is usual for them to watch the television until they fell asleep.
She recounted there is no lock on her bedroom door, so to keep it locked tightly she would place a towel on top of the door.
“Me and my children sleep in one room, on one bed, the morning when I got up Neesa wasn’t in the room”, the accused recalled.
She explained when she realised that Neesa was not coming to take a shower; that is when she decided to look around for her, but could not find her anywhere.
She added that she summoned her parents over by her residence.
Accused Gopaul said this is not the first time Neesa would go out without informing her or go somewhere without her permission.
That day, Gopaul said, the school had a Parent Teachers Association (PTA) meeting and the school was in session for the morning half day. She noted that both of her children go to the same school, the Isa Islamic School (ISA).
Nessa, who was a Queen’s College student, was transferred to ISA, because of her behaviour, according to Gopaul.
She explained that, on the day of the teen’s disappearance, she assumed Neesa must have gone out with her friends since it was only half day school and that the teen’s maternal grandfather remained with her until the next day and night, but Neesa did not return.
Early the following morning, Bibi said she left her younger daughter with her father and went to make a missing person’s report at the police station regarding Neesa; after which she returned home and made telephone calls trying to locate her.
On the morning of October 3, Gopaul recalled that she was at home when Police officer Paul called her on her phone and asked her to come downstairs, at which point he told her that her child has been found and is dead. On hearing this, Gopaul said she screamed and cried and later went to the Leonora police station. From there she was taken to the funeral parlour where she was shown a body that had on a top that Neesa was wearing.
“I thought she was my daughter but I didn’t know, they had her covered” said the accused.
Gopaul added that she was taken to the Brickdam and the East Le Penitence Police stations and also everyday she was taken to the Ruimveldt Police station.
The accused said she was never shown any dumbbells, ropes and passport or bank card. She added that she was shown a bag, sheet and a dress, all of which she denied belonged to her.
The accused recalled that on October 8, 2010, she was charged and Mr. Caesar showed her a photograph and asked if she knew the person in the said picture. At this point, Gopaul said, she responded, “Yes, it’s my daughter Miriam”.
He further questioned about the rope in the background of the photograph. Gopaul said they had a hammock tied in her house which was a long time ago. She explained that her children were going to ISA, and Miriam was wearing a uniform in that photo which was taken a year before.
NESSA WAS ASSAULTED
After her encounters with the police, Gopaul disclosed that she went to Western Union a day to collect some money.
On the same day, she said she saw Jarvis Small at Parika and followed him to a hotel.
Gopaul said, “I wanted to see where he was going and if my child was there”. She said less than five minutes after, the police came.
The accused revealed that it was she who made a report that Neesa told her Small sexually assaulted her.
Gopaul said she took her daughter to the station to make a report, which was the first report Neesa gave to the police.
She said, “Sir, I never withdrew no report, no statement that Neesa made”.
The accused added that she never took Neesa to withdraw no report or statement nor did she ask Officer Paul to do so.
Gopaul told court that she went to the Justice of Peace (JP) with Jarvis Small to withdraw a matter, and she gave a statement.
She said that in Neesa’s first statement, the teen told the officer that she lied to her mother, which is why Gopaul was asked to go over to the station to give another statement.
According to her, after this incident she asked Small out from her house and he never came back.
After the report was made against Small, the witness said she had to call Police Paul a couple of times because Neesa said she would hear noise downstairs which sounded like someone was walking around.
The accused said, “I was afraid for myself and my children”.
Gopaul recalled that when she first reported the assault matter against Small concerning Neesa, he was remanded.
However, she stated that she recalled seeing him in front her yard and was surprised since he was supposed to be locked up.
She said, “After I attended court for the assault, Jarvis Small was remanded to prison and a day I saw him in front of my gap (yard). I don’t know how he came out because as far as I know he was supposed to be in prison. He was calling my phone, but I was not answering.
“The next day I was downstairs, with my kids, and he was outside. He told me if I don’t withdraw the charge, he will have to take her daughter out of the picture. That is the reason why she signed the affidavit, because I was afraid.”
She explained that she called Police Paul called to “check in” and told her that she can call his phone any time.
REJECTED WITNESS TESTIMONY
Gopaul also denied sleeping in a cell with De Nobrega.
Bibi Gopaul said clearly that her lawyer was never Peter Hugh and she was never known to him – as claimed by a witness, Simone DeNobrega, who testified in the case last week.
She informed the court that her lawyer was Mr. Hookumchand, who was her lawyer since before her husband passed away.
“Sir, I never had a mattress in the East Le Penitence lock ups until, March 2012. Now I am sleeping on a sponge”, said the accused.
Gopaul said she used to sleep on the concrete with her towel.
She said on October 10, 2010, at East Le Penitence lock ups, she was taking a bath when she overheard a discussion between Onica King and De Nobrega, as a result of which she became afraid and talked to the officer in charge by the door, after which they cursed her.
The next day, she was taken to the New Amsterdam prison, along with other women.
She noted that before she was taken to the Region Six (East Berbice/ Corentyne) prison, De Nobrega would sometimes ask her to assist with her bail and she offered to repay with some extra.
“I told her I don’t have money”, said Gopaul.
The accused denied saying anything which De Nobrega related to the court and further denied ever placing razor blades in the witness (De Nobrega) food or anybody else’s food.
Gopaul said today makes 53 months since she has been incarcerated.
She denied being involved in any fights or having any problems with anyone.

DENIES ROLE IN HUSBAND’S DEATH
Yesterday too, the accused denied having any role in her husband’s death.
She said her husband was diabetic since they got married and she lived with him until he passed away.
Gopaul added that her husband used to go for physical check-ups, first at Prashad Hospital, then Balwant Singh Hospital. From Balwant Singh they were told he was getting complications from diabetics.
She then took him to Woodlands Hospital to get a second opinion and he was admitted to undergo some tests.
Gopaul explained that the said doctor they saw at Woodlands was also working at St Joseph Mercy Hospital.
On the day they received his test results, the doctor based at the St Joseph Mercy Hospital referred them to Doctor Kumar, another doctor at the same hospital.
Subsequently, they were further referred to a Dialysis Centre in South Ruimveldt.
According to Gopaul, her husband was a practicing Muslim and when he died he wanted final rites to be according to his religion. “He even went to Hajj (pilgrimage to Mecca) and even goes to masjid regularly,” she said.
The accused noted that the cemetery where her husband was buried was fenced and secured with a gate and padlock, contrary to DeNobrega’s claims about the grave plot being subject to possible exhumation exercise.
She said, “Sir, I didn’t kill my husband. I didn’t feed him any poison. My husband died on September 20, 2009, it was a month short of living 20 years with my husband.”
Gopaul further added that she birthed Neesa five years after her marriage and Miriam was born 10 years after Neesa’s birth.
She declared that she loved her husband and her children. “I love my husband. I love my kids,” the accused stressed.
Gopaul did, however, admit that the children were taken out of her care at one point and placed with their maternal grandparents for two weeks.
According to her, the incident stemmed from a teacher noticing ‘brands’ on Nessa’s hands and then moving to have the teen made a report with the child welfare officials.
“I love Neesa, I love Miriam, I would tried the best for both of them,” she said, adding that in the time the children were placed with her parents she took care of all their needs.
The case is adjourned until today.

The case is being presented by State Prosecutors Diana Kaulesar, Mercedes Thompson and Stacy Gooding.
The state has presented that on October 2, 2010, the headless remains of a female were discovered at a location along the Soesdyke-Linden Highway, tucked inside a creek. A rope was wrapped around the suitcase and dumbbells were attached at one end, apparently in an effort to keep the body under water.
In addition to the body, a passport bearing the name Neesa Lalita Gopaul was also found. The teenager was reported missing just days before the discovery was made.
Subsequent to the discovery of the body, Bibi Gopaul and her ex-paramour, Small, were arrested and charged for the murder.