At Berbice Assizes…
JUSTICE Winston Patterson, at the Berbice Assizes Thursday, freed two murder accused after directing the mixed jury to formally return a not guilty verdict in their favour.

Sewdial Ramroop also known as Andy and Deocharran Gobin called Clem had been indicted for the unlawful killing of Rohan Rampersaud but the judge upheld legal submissions by their Defence Counsel, Ms. Kim Kyte-John and Mr. Adrian Anamayah.

Justice Patterson ruled that the case for the Prosecution, that the prisoners killed the victim on September 25, 2003, at Tain, Corentyne, was manifestly unreliable and should not go to the jury for determination.

The ruling followed the conduct of three voir dires (trials within a trial) which begun on January 14 when Kyte-John objected to the admission of a statement attributed to the number one accused Ramroop.

After the first voir dire, the judge admitted the attestation as having been given freely and voluntarily.

However, a second was triggered by Kyte-John, who challenged the evidence of ballistics expert Eon Jackson, arguing it was prejudicial but Justice Patterson held that it was relevant and admissible.

Reviewing the testimony before him, the judge observed that, according to the main State witness, Veremootoo Armagon, he recognised Ramroop from a fleeting glance, that lasted for one of two seconds, in a rear view mirror between 60 and 70 feet away.

No identification parade was conducted, said the judge, who cited legal authorities that govern identification.

Conflict
Justice Patterson said conflict arose with respect to the face of Ramroop as the witness said he saw him fleeing.

Another witness, Police Detective Corporal Gilbert Ross said he swabbed the hands of both accused for gunpowder residue but informed the Court that none was found on their persons nor the vest which Ramroop wore at the time of his arrest.

With regard to the evidence of retired Police Inspector Colbert Halley, for whom a Bench Warrant was issued, the judge noted that Ramroop was met at a neighbour’s house and he took the investigating policeman to his home, where four spent shells and a toy gun were retrieved on the verandah.

The toy gun was not tendered nor were records about the crime and its occurrence and property books, which had pertinent information and were supposed to be at Whim Police Station, the judge said.

Justice Patterson said no ammunition was taken from the crime scene, either and he found the witness unreliable on numerous occasions when he claimed he could not remember or recall certain relevant issues.

About Jackson, the judge said he could not determine whether the warhead removed from the body of the deceased matched a recovered spent shell, nor could that witness tell of any situation where a weapon was fired without gunpowder residue being retained on the body of the shooter.

Justice Patterson said, just over six years, during which time the accused were in custody, certain records could not be located.

Exhibits presented in the Magistrate’s Court, at the preliminary inquiry (PI), did not surface in the High Court and there were several inconsistencies, the judge remarked.

He added: “A man’s life has been lost. Two persons have been held. However, evidence revealed that they were not the only persons held. The eyewitness did not give a full description of the suspect. The evidence is unsafe, manifestly unreliable and should not go further.”

Discharging the duo, Justice Patterson told them: ”You are free to go. Make the best use of your time.”
State Counsel Dionne Mc Cammon prosecuted in the case.