Judge calls on accused for defence
JUSTICE Winston Patterson, the presiding judge in the West Bank Demerara murder trial, yesterday overruled  a defence no-case submission and called on accused Lakenauth Dial, called Mohan, for a defence before the jury.
Acting on the advice of his counsel Mr. Vic Puran, the accused elected to make an unsworn statement from the dock.
Lakenauth was indicted for the murder of Farzan Khan on Canal No. 2, West Bank,  Demerara on February 2, 2008.
The prosecution, led by Miss Latchmie Rahamat until yesterday when Mrs. Judith Gildharie-Mursalin took over, is contending that the accused had stabbed to death Farzan Khan, who had left a wedding house that night to purchase a soft drink when the attack was made on him.
During the trial, the prosecution had attempted to tender in evidence two confession statements which were thrown out following a voir dire by the judge to determine admissibility.
Another voir dire was held by the judge to determine  the prosecution’s application for permission to  put in evidence the deposition of a witness who has migrated, and that application was also refused.
The prosecution is left with only the evidence of a single eye- witness, Umdat Rafee, who at one time claimed that he had seen the accused attack Farzan Khan but, under cross-examination, gave the impression that he was lying, and later refused to answer questions from the judge and defence counsel, forcing counsel to cut short his cross-examination.
Accused Lakenauth Dial, in his unsworn statement from the dock, said “I am innocent of this charge sir.  At the time Rafee was not there.
“The problem was between my brother and  Farzan.  I tried to part and that is how I got the injury.”
At this stage, Mr. Puran said that was the case for the defence and  promised to address the jury today.
On resumption yesterday, the  sick juror returned, still limping, but was able to sit through the proceedings.
The last witness to testify at the proceedings was Police Analyst, Senior Supt.  Stephen Greaves, who admitted that his examination of a blood- stained knife was useless, since  he did not have samples to make  comparisons. At this stage the prosecution closed its case.
The hearing continues today.