‘Investigators unaware of Dying Declaration Law’ – according to Judge
JUSTICE William Ramlal yesterday rejected unreliable evidence in the Uitvlugt human torch case, which led to the freedom of the accused – ex-cop Colin McIntosh, Mohan Persaud and his niece Kamie Persaud.
The Prosecution led by Fabayo Azore and Zamilla Ally had sought to prove that following ‘bad blood’ with the deceased family, the accused had doused Adjodah Singh called ‘Krishna’ with a liquid, then lit him afire transforming him into a human torch.
But the judge found that the investigators, apparently unaware of the law relating to ‘a Dying Declaration’, had in a round about fashion, sought to procure evidence from the dying man on his bed, setting out answers to questions, which had provided an account of how the three accused attacked the deceased at his home and set him afire before making good their escape.
Defence counsel Mr. Compton Richardson had objected to the prosecution leading the particular evidence, resulting in Judge Ramlal holding a voir dire (a trial within a trial) to determine the issue.
During the voir dire, the investigators told the judge that they had gone to the hospital on June 19th, 2006, where they interviewed the badly burnt man who was in bed covered with a blanket.
They put forward questions to the injured man who they said replied.
They put his answers in writing in a pocket book, which related how the attack was made on Adjodah by the two accused.
Defence counsel Richardson, after being told by the investigators that the pocket book with the answers which were recorded at the hospital had disappeared, referred to the purported statement as “a concoction”.
Judge Ramlal referred to the testimony as untrue and unreliable which he said called for an investigation since it appears that the investigators who were unaware of the law relating to dying declarations, did not bother to seek help from the Director of Public Prosecutions.
At this stage, the Prosecution decided not to offer further evidence against the accused.
The statement followed the judges ruling, rejecting the evidence of the dying man, which was not an exception against the hearsay rule.
Mr. Richardson made a no-case submission pointing out that there is no case for his clients to answer.
Leading prosecutor Miss Fabayo Azore conceded.
Before directing the jury to return a formal verdict of not-guilty in favour of the three accused, the judge told them: “Only you and your god know whether you are a part of this crime. But the evidence is that we have no case against you.”
“It is easy to get yourself in trouble but it takes a long time to get out of it. Plus it takes a lot of time and taxpayers money”, he added.
He told them: “Consider yourselves lucky. The Police in my view did not do all that was necessary to have the evidence to convict the culprits. The police operating ranks are operating without proper supervision and appear to be unaware of the law governing dying declarations…”
The judge noted, too, that the accused were in prison for 3 years and shuddered to think what would be the case if it were found that they were unlawfully held.
At this stage, the numbers 2 and 3 accused were wiping the tears from their eyes when the judge advised them, “Stay away from the law. The next time you will not be so lucky.”
The three accused said ‘thank you’ to the judge before leaving the dock but the judge told them, “Don’t thank me, thank your God.”