Evidence nullifying burns by accident must go to jury

Attempted murder voir dire revealed
JUSTICE Roxanne George, who had presided at a voir dire (a trial within a trial) in the West Coast, Demerara attempted murder trial, has ruled that the witnesses’ evidence nullifying the allegation that the woman was burnt accidentally, was evidence that must be considered by the jury.
In her ruling, the judge disagreed with the suggestion by Defence Counsel Mr. Peter Hugh that the evidence which disclosed that the blazing woman had said
“my husband Peppe threw the lighted kerosene stove on me”, was inadmissible and ought not to be sent to the jury.
At least two witnesses had said they heard the woman make this allegation.
Prosecuting counsel Miss Rhondel Weever, in association with Miss Latchmie Rahamat, had contended that what the witnesses had said were part of the res jestai, what actually transpired, an exception to the hearsay rule, and as such was admissible in evidence.
Handing down a similar ruling, the judge said because of the circumstances involved, the matter was one for the jury to decide.
The further hearing was adjourned to Monday when the last witness, Dr. Nehaul Singh, the pathologist who performed the  post mortem, will testify. Dr. Singh is at present out of the country.
The prosecution is contending that the offence was committed on the night of October 21, 2007, when, following a quarrel, accused  Dilip Lambert, called ‘Pappa’ and ‘Peppe’,  threw a lighted kerosene stove at his wife, causing her to be set ablaze.
She was badly burnt and died in hospital some days later.
The accused, in a caution statement, had told the police that the kerosene stove which was defective had flared up that night setting the woman afire.
He also told the police that in an effort to put out the fire, he was burnt on the lower arm and had to be taken to the hospital by the police for medical attention.
Further hearing continues on Monday.

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