No-case  submission overruled but voir dire continuing …
JUSTICE Winston Patterson, presiding in the West Bank, Demerara, murder trial, and who is conducting  a voir dire to decide the admissibility of an alleged confession statement and a no-case submission, has overruled the no-case submission, but arguments in relation to the alleged caution statement is continuing.
State Prosecutors Miss Latchmie Rahamat and Ms. Judith Gildharie-Mursalin are conducting the case in which accused Lakenauth Dial, called Mohan, is indicted for the murder of Farzan Khan on the night of February 2, 2008.
According to the prosecution, Farzan Khan, now deceased, was at a wedding house at Clay-brick Village, West Bank, Demerara, when he sought a lift in a car to purchase a soft drink not far away, when he was attacked and fatally stabbed.
Police investigations resulted in Mohan being arrested and charged with murder
Since the trial started, a voir dire had been conducted by the judge who was asked to determine the admissibility of an oral confession statement by means of a voir-dire – a trial within a trial.
The voir dire resulted in the judge throwing out the oral conversation, since he found it was not obtained in accordance with the judges’ rules.
Another voir dire started over a week ago to determine the admissibility of an alleged confession statement and a no-case submission. Yesterday the judge overruled the no-case submission, but is still entertaining legal arguments in respect of the alleged caution statement.
The prosecution has closed its case in respect of this aspect of the voir dire. The defence, led by Mr. Vic Puran, associated with Miss Mishka Puran,  will begin  its case on Monday.