-Lawyers to make submissions tomorrow
DEFENCE counsel in the Providence murder trial, Mr. Basil Williams will begin making submissions to the judge in the absence of the jury tomorrow when the voir dire (a trial within a trial) continues at the Demerara Assizes, before Justice Roxanne George.
Leading prosecutor, Miss Rhondel Weever will also make submissions, after which the judge will deliver her ruling immediately, or fix a date to do so.
The judge is conducting a voir dire to determine whether a caution statement, said to be given by the accused, Nigel Forrester to the Police in relation to the crime is admissible evidence.
During the hearing of the substantive trial, the prosecution attempted to tender the statement in evidence, when defence lawyer, Mr. Williams objected on the ground that the statement was not obtained in accordance with the judge’s ruling.
After he claimed that it was not obtained freely and voluntarily, but by oppression and violence, the judge decided to hold a voir dire to determine the admissibility of the statement.
During the voir dire, the prosecution called a number of witnesses in support of its case, leaving the only hurdle of a no-case submission to be overcome in the absence of the jury.
The submissions to the judge are likely to be completed tomorrow.      In the event of a decision by the judge that the statement was obtained freely and voluntarily, the substantive trial will go ahead in the presence of the jury.
It will then be the task of the prosecution to prove to the satisfaction of the jury that the accused, who was described by witnesses (including the witness, Mrs. Budhai, the wife of the deceased) as a good and honest person to prove otherwise.
The prosecution is contending that sometime after Mahadeo Budhai had closed his shop on the night of November 25, 2005, he was found dead, face downwards, with his mouth bandaged with a tape. The post mortem report disclosed that death was due to strangulation.