Judge has no alternative
JUSTICE Brassington Reynolds, who is continuing a voir dire ( a trial within a trial) in the absence of the jury, is hoping that the law would have provided for an enquiry of the kind to be conducted for a period when the jury could have stayed away until the exercise was completed.
But, according to the judge, there was no Act that makes such a provision and therefore they had no alternative than to follow the old procedure by excusing the jury during the legal arguments regardless of how long it lasted.
The present voir dire in the Ogle murder, involving legal arguments to determine among other things, whether additional evidence is permissible , has been going on since the matter was called up for hearing at the Demerara Assizes some days ago.
The novel application for the legal arguments to permit additional evidence has been made by Leading Prosecutor Mr. Ganesh Hira, who in association with Miss Latchmie Rahamat and Miss Rhondel Weever of the D.P.P. Chambers, is appearing for the Prosecution.
The murder trial involves accused Christopher Dared, also known as Paul Jagnandan, Azim Khan, Vijay Rajkumar called Eon, and Kumar Seeraj called Boysie, all 17, for the murder of Teddy Smith at Ogle, East Coast, Demerara, on October 24, 2004.
Yesterday the voir dire took a different turn as the parties began considering whether a caution statement by one of the accused was obtained in accordance with the judge’s rules.
According to the particulars of the offence, the accused on the 24th day of October, 2004, in the County of Demerara, murdered Teddy Smith.
They have pleaded not guilty and are being represented by Lawyers, Mr. Hukumchand for Azim Khan, Miss Kamini Parag for Rajkumar, Mr. Euclin Gomes for Paul Jagnandan and Mr. Adrian Thompson for Kumar Seeraj.
The witness who testified for the prosecution yesterday was Cpl. Noland Burnett of Sparendaam Police Station.
The hearing of the voir dire is continuing.
Judge orders jury to return to court on Jan. 26
JURORS serving in Justice James Bovell-Drakes Court, who were formerly instructed to return to court on February 16, 2010, are now asked to return to court on January 26, instead.
