Berbice Assizes murder case…
JUSTICE Brassington Reynolds, on Wednesday, ruled in favour of the Defence and threw out a caution statement attributed to accused Balmiki Shamifha nicknamed Mice, in a murder case at the Berbice Assizes.
But having rejected the written one, the judge admitted an oral attestation, in which the prisoner, in response to an investigator, allegedly, said: “Officer, is the same knife I used to stab Hemchand Persaud (alias ‘Cats’).”
Justice Reynolds ruled following a voir dire (trial within a trial) that lasted several days, after Defence Counsel Mursalene Bacchus objected to the tendering of the thrown out deposition, through Assistant Superintendent of Police Gary Mc Allister.
Bacchus submitted that threats and promises were held out to the accused by persons in authority, directly contravening the principles governing the Judges’ Rules.
However, after the Wednesday decision, Bacchus advanced further legal submissions at the close of the case for the Prosecution, on which the judge was expected to pronounce yesterday.
The indictment, presented by State Counsel Dionne Mc Cammon, alleges that, on October 29, 2006, at about 19:00 hrs, the victim, the accused and others were at a Number 47 Village, Corentyne rum shop.
They were arguing about who was the best fetcher among the labourers working on trucks transporting rice and who was the best driver.
About two hours later, Shamifha and another man left the shop and Persaud and three others stayed behind.
Subsequently, at 21:30 hrs, Shamifha was seen standing in front of his home with a knife after inflicting the injury on Persaud, the Prosecutor said.
A post mortem report, tendered in evidence, said the cause of death of the injured man was shock and haemorrhage due to stab wound.
The trial is continuing