BECAUSE a witness for the prosecution in the West Coast, Demerara, murder trial is in Bartica and would not be available before Monday next,   Presiding judge William Ramlal, in the voir dire ( a trial within a trial ), was forced to postpone the hearing to Monday, May 10.
The voir dire is being held to determine the admissibility of an application by prosecutor Miss Prithima Kissoon to call and lead additional evidence for the prosecution.
On the resumption  yesterday, Miss Kissoon complained that her last witness in the voir dire, who is a speed boat operator at Bartica, had stated that it would not be possible for him to attend court before Monday.
Defence counsel Mr. Khemaj Ramjattan objected to the frequent adjournments which were affecting the accused who is entitled to a speedy trial.
Judge Ramlal, who himself is worried about the frequent adjournments, made it clear to the Prosecution that whether the witness turns up  on Monday or not, the Prosecution will be called upon to close its case in the voir dire on that date.
Prosecutor Kissoon as well as Mr. Ramjattan agreed with the proposition by the judge.
The accused Hafeez Khan,  who was charged with the murder of Anthony Waldron, called ‘Pumpkin’, on Sunday 22nd February , 2004,  was at the Preliminary Inquiry,  committed to stand trial for manslaughter.
But his freedom of movement was short-lived.    He was indicted for murder by the Director of Public Communications, which necessitated his being re-arrested and taken into custody.
The alleged killing, it is said, took place at a home at 35 New Road, West Coast, Demerara, where two male friends were involved in a fight which ended in the death of ‘Pumpkin’.
Prosecutor Kissoon, in association with Miss Latchmie Rahamat and Miss Rhondel Weever, told the jury in her opening address, “In all the circumstances  of the case, it is the prosecution’s contention that although the accused had imbibed alcohol, he was not in such a state of drunkenness that he was rendered so stupid by alcohol that he did not know what he was doing.
Further hearing of the voir dire will continue on Monday.
The last witness  in the trial for the prosecution will  be Pathologist Dr. Nehaul Singh who will testify on Wednesday.
Dr. Singh left for the interior yesterday and is not expected back until Wednesday.