Disparaging remarks by Judge as last voir dire concluded
Disparaging remarks  about Supt.  Julius Wright  of Alberttown Police Station who allegedly took a caution statement  from one of the accused was made by Justice Brasssington Reynolds, when ruling on his last voir dire (trial within a trial) yesterday.
The judge who ruled that the jury will have to determine the issue also had to recall one of his earlier rulings in the voir dire because of the attitude of the witness Wright and another prosecution witness.
The main trial began with Inspector of Police Ray Guiness taking the witness stand yesterday afternoon.
He testified that he was a Corporal of Police at Beterverwagting Police Station in 2004 and attached to the Criminal Investigation Department.
About 4:20 hours he was at Sparendaam Police Station when he contacted one Christopher Dhanrad called Paul Jagnandan, the number one accused, charged along with others with the murder of Teddy Smith.
Guiness said that in the presence of his mother, Mrs. Jagnandan, and others,  he told Paul Jagnandan that he, in company with others on Saturday 24th of October, at Beterverwagting, East Coast, Demerara , robbed one Teddy Smith of a motorcar, when they inflicted several wounds on his body which resulted in his death.
Witness said that he put the caution to Jagnandan, telling him that he was not obliged to say anything unless he wished to do so  but that anything he said would be taken down in writing and may be given in evidence.
Guiness said that Jagnandan replied – “I will tell you the whole story.
According to witness, in the presence of  his mother,  the accused related to him a story  which he had signed as true and correct.  He said that during the statement, the accused had used the word “Chopper” which he (accused) asked that it be changed to cutlass.  The change, witness said, was initialled by the accused in the presence of the witnesses, including Mrs. Jagnandan.
Witness said that he read over the statement to the accused and gave it to him to read.  The accused he said looked at the document as though he had been reading.
Guiness said that while the statement was being taken, the accused looked happy and comfortable and made no complaint.
Witness said that no influence was used on the accused to obtain the statement.
On being asked about the statement by the prosecutor, witness said that  the statement was tendered at the preliminary inquiry and that he would be able to recognize  it if he sees it again.
Witness was about to be shown the statement when defence counsel Mr. Euclin Gomes objected to the tendering of the statement on the ground that it was obtained by means of violence.
Another counsel, Mr. Hukumchand, also objected to the statement being tended as  is, pointing out that  it made certain allegations against co-accused and  urged the court to have the statement edited as is facilitated by modern law.
Prosecutor Hira pointed out that the State would insist that the court do no more that give the jury a warning as was done by the Guyana Appellate Court
with Mr. Justice Crane in 1975,  who thought that a warning by the judge was sufficient in cases where co-accused are affected.
But Mr. Hukumchand cited a 1987 case,  where a judge, disregarding  a warning to the jury as being of no help, said it will require mental gymnastics of Olympic standards to remove from the jury’s mind  statements implicating other co-accused.
Justice Reynolds declared that he would rule on the matter this morning.
The fourth voir dire began last Wednesday with Prosecutor Hira calling as his  witness Detective Assistant Superintendent Julius Wright of Alberttown Police Station.
It was in relation to a challenged caution statement said to be made by the   number two accused, Azim Khan.
Accused Christopher Dhanrad also known as Paul Jagnandan, Azim Khan, Vijay Rajkumar called Eon, and Kumar Seeraj nicknamed ‘Boysie’, all 17,  are indicted for the unlawful killing of Teddy Smith on October 24, 2004.
Since the empanelment of the jury on January 12, 2010, the judge has already held smaller trials in relation to the three other accused who were found to have voluntarily made caution statements.  They are being represented by defence counsel Hukumchand, Kamini Parag, Euclin Gomes and Adrian Thompson.
State Prosecutor Hira is associated with Lachmie Rahamat and Rhondel Weever.
The hearing is continuing.